Civil © 
Administrative Code 


AN ACT 


PASSED BY THE LEGISLATURE OF NEBRASKA 
THIRTY-SEVENTH SESSION 
1919 


Published By 


DARUIS M. AMSBERRY 
Secretary of State 
Lincoln, Nebraska 


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CIVIL 
ADMINISTRATIVE CODE 


Senate File No. 2. 


Introduced by Mr. Peterson, Mr. Saunders, Mr. Cordeal, Mr. 


Reed, Mr. Bushee. 


AN ACT to asopt (adopt) and establish a code of laws for the State 


of Nebraska relating to the civil government of the State and to 
provide for their administration and enforcement to be known as 
the Civil Administrative Code and to repeal Chapter 215, Laws 
of 1917. Sections 144, 146, 148, 149 and 151 of the Revised 
Statutes for 1913; Sections 145, 150, 152, 153 and 154 of the 
Revised Statutes for 1913 as amended by Chapter 10 of the Laws 
of 1915; Section 147 of the Revised Statutes for 1913 as amended 
by Chapter 2 of the Laws of 1917; Chapter 169 of the Laws of 
1915; Sections 2653, 2655 to 2667 inclusive, 2669 to 2675 in- 
clusive, 2680 to 2709 inclusive, of the Revised Statutes for 1913; 
Sections 2654, 2668, 2676, 2677, 2678 and 2679 of the Revised 
Statutes for 1913 as amended by the Laws of 1917; Chapters 159, 
160, and 161 of the Laws of 1917; Sections 3551 to 3563 inclusive, 
3565 to 3641 inclusive of the Revised Statutes for 1913; Section 
3564 of the Revised Statutes for 1913 as amended by the Laws 
of 1915; Sections 3137 to 3154 inclusive, 3156, 3157, 3158, 3159, 
3161, to 3174 inclusive, 3176, 3177, 3179, 3180, 3182 to 3192 
inclusive, 3194 to 3214 inclusive, 3216 to 3275 inclusive, 3277 to 
3297 inclusive, 3299 to 3345 inclusive, of the Revised Statutes 
for 1943; . Seetions 3155, 3160, 3175, 3178, 3181, 31938,- 3215, 
3276 and 3298 of the Revised Statutes for 1913 as amended by 
Laws of 1917; Chapters 79, 188 and 189 of the Laws of 1917; 
Sections 280 to 302 inclusive, 304 to 331 inclusive, Sections 333 
to 356 inclusive, of the Revised Statutes for 1913; Section 303 of 
the Revised Statutes for 1913 as amended by the Laws of 1915; 
Section 332 of the Revised Statutes for 1913 as amended by the 
Laws of 1917; Chapter 165 of the Laws of 1917; Chapter 175, 
Laws of 1915; Sections 738 to 742 inclusive, 744 to 752 inclusive, 
of the Revised Statutes for 1913; Section 743 of the Revised 
Statutes for 1913 as amended by the Laws of 1917; Sections 485, 
487, 489, 490, 492, 494, to 516 inclusive, of the Revised Statutes 
for 1913; Section 491 of the Revised Statutes for 1913 as amended 
by the Laws of 1915; Sections 486, 488 and 493 of the Revised 
Statutes for 1913 as amended by the Laws of 1917; Chapter 179 


of the Laws of 1917; Sections 2500 to 2515 inclusive, of the 


4.56522 


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Revised Statutes for 1913; Sections 5917, 5918, 5920 to 5922 
inclusive, of the Revised Statutes for 1913 as amended by the 
Laws of 1917; Section 5919 of the Revised Statutes for 1913; 
Sections 2526, 2529 to 2531 inclusive, 2534 to 2541 inclusive, 
2543, 2544, 2545, 2547, 2548, 2551, 2552, 2553, 2554, 2556 to 
2569 inclusive, of the Revised Statutes for 1913; Sections 2532, 
2542, 2549 to 2550 of the Revised Statutes for 1913 as amended 
by the Laws of 1915; Sections 2527, 2528, 2533, 2546, 2555 and 
2537, Revised Statutes of 1913 as amended by the Laws of 1917; 
Sections 2570 to 2620 inclusive, Revised Statutes for 1913; Sec- 
tions 5759 to 5766 inclusive, Revised Statutes for 1913; Chapter 
158 of the Laws of 1917; Chapters 192 to 193 of the Laws of 
1915; Sections 3094 to 3109 inclusive, 3111 to 3115 inclusive, 
3117 to 3134 inclusive of the Revised Statutes for 1913; Sections 
3110 and 3116 of the Revised Statutes for 1913 as amended by > 
the Laws of 1917; Sections 7514 to 7523 inclusive, 7525 to 7530 
inclusive, 7532, 7534 to 7546 inclusive, 7548 to 7557 inclusive, 
of the Revised Statutes for 1913; Sections 7531 and 7547 of the 
Revised Statutes for 1913 as amended by the Laws of 1915; Sec- 
tions 7524 and 7533 of the Revised Statutes for 1913 as amended 
by the Laws of 1917; Chapter 235 of the Laws of 1917; Sections 
2737 to 2744 inclusive, 2717 to 2720 inclusive, 2722 to 2727 in- 
clusive, of the Revised Statutes for 1913; Section 2721 of the 
Revised Statutes for 1913 as amended by the Laws of 1917; Sec- 
‘tions 2728 to 2736 inclusive, of the Revised Statutes for 1913; 
Sections 2745 to 2749 inclusive, 2751 to 2757 inclusive, of the 
Revised Statutes for 1913; Section 2750 of the Revised Statutes 
for 1913 as amended by the Laws of 1917; Sections 2758 to 2770 
inclusive, and 2788 to 2794 inclusive, of the Revised Statutes of 
1913; Chapter 197 of the Laws of 1915; Sections 2798 to 2801 
inclusive, 2805, 2808, 2811 to 2814 inclusive, 2816, 2817 and 
2820, of the Revised Statutes for 1913; Sections 2795, 2796, 2797, 
2802, 2803, 2804, 2807, 2810, 2815 and 2818, of the Revised 
Statutes for 1913 as amended by the Laws of 1915; Sections 2829 
and 2833, of the Revised Statutes for 1913; Sections 2830, 2831, 
2832, 2834, 2835, 2836 and 2837 of the Revised Statutes for 1913 
as amended by the Laws of 1915. Sections 2821 to 2828 inclusive 
of the Revised Statutes for 1913; Chapter 198 of the Laws of 
1915; Sections 2771 to 2787 inclusive, of the Revised Statutes for 
‘1913; Sections 5826 to 5837 inclusive, of the Revised Statutes for 
1918; Chapter 183 of the Laws of 1915; Sections 9152 to 9171 
inclusive, of the Revised Statutes for 1913; Sections 3369 to 
8418 inclusive, 3420 to 3435 inclusive, 3437 to 3454 inclusive, 
3456, of the Revised Statutes for 1913; Sections 3419, 3436, 3455, 
of the Revised Statutes for 1913, as amended by the Laws 
of 1915. Sections 1915 to 1921 inclusive, of the Revised Statutes 
for 1913; Sections 2978 to 2981 inclusive, of the Revised Statutes 


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for 1913; Sections 2934, 2935, 2936, 2976, 2977 and 2982, of the 
Revised Statutes for 1913 as amended by the Laws of 1915; 
Chapter 54 of the Laws of 1915; Chapter 185 of the Laws of 
1917; Sections 3043, 3048, 3049, 3050, 3052, 3053 and 3054 of 
the Revised Statutes for 1913; Sections 3044 and 3047 of the 
Revised Statutes for 1913 as amended by the Laws of 1915; Sec- 
tions 3045, 3046 and 3051, of the Revised Statutes for 1913 as 
amended by the Laws of 1917; Sections 796 to 805 inclusive and 
807 to 811 inclusive, of the Revised Statutes for 1913; Section 
806 of the Revised Statutes for 1913 as amended by the Laws 
of 1917 and Chapter 181 of the Laws of 1917, and to repeal all 
other acts or parts of acts in conflict therewith. 


TITLE I. 
EXECUTIVE DEPARTMENT 
ARTICLE I. 


GENERAL PROVISIONS. 


Be it Enacted by the People of the State of Nebraska: 


Section 1. Civil administration vested in governor.—The 
Civil administration of the laws of the state is hereby vested in 
the governor. For the purpose of aiding the governor in the 
execution and administration of the laws, the executive and 
administrative work shall be divided into the several depart- 
ments enumerated in Section 2 of this article. 


Sec. 2. Executive and administrative departments.—There 
are hereby created and established the following departments of 
the State Government. | 

The Department of Finance; 

‘The Department of Agriculture; 

The Department of Labor; 

The Department of Trade and Commerce; 

The Department of Public Welfare; 

The Department of Public Works. 


Sec. 3. Departmental secretaries—To aid the governor in 
carrying out the constitutional duties, vested in him as the su- 
preme executive, each department shall have a departmental 
officer who shall be known as ‘‘Secretary’’, who shall, subject to 
the provisions of this act, and under the general direction of the 


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governor, execute the power and discharge the duties vested by 
law in his respective department. Such officers shall be desig- 
nated as follows: 

The Secretary of Finance, for the Department of Finance; 

The Secretary of Agriculture, for the Department of Agri- 

culture ; 3 

The Secretary of Labor, for the Department of Labor; 

The Secretary of Trade and Commerce, for the Department 

of Trade and Commerce; 

The Secretary of Public Welfare, for the Department of 

Public Welfare; 

The Secretary of Public Works, for the Department of Pub- 

lic Works. 

See. 4. Salaries of secretaries.—The Secretaries of the re- 
spective departments created by this article shall receive annual 
salaries in monthly or yearly periods as follows: 

The Secretary of Finance shall receive $5,000.00. 

The Secretary of Agriculture shall receive $5,000.00. 

The Secretary of Labor shall receive $5,000.00. — 

The Secretary of Trade and Commerce shall receive $5,- 

000.00. 
The Secretary of Public Welfare shall receive $5,000.00. 
The Secretary of Public Works shall receive $5,000.00. 


Sec. 5. Assistants—appointment—salaries—terms, etc.—The 
governor shall, in each department, have power to appoint such 
deputies, assistants, employees and clerical help as shall be neces- 
sary or essential to the economical but efficient and proper en- 
forcement and administration of the laws of the State, and shall 
at the same time fix the salaries of such appointees and prescribe 
their duties. The governor shall also have power to discontinue 
the service of any such secretary or employee when, in his judg- 
ment, the same is not longer necessary. Such appointee may be 
required to serve in one or more departments and may be trans- 
ferred from one department to another from time to time as ef- 
ficient but economical administration shall require. The governor 
shall confer with the secretaries of the several departments and 
the secretaries shall make recommendations to the governor from 
time to time relative to appointments, services, salaries and duties 
of the appointees for their respective departments. In providing 


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for deputies, assistants, employees or clerical help, the total ex- 
penditures for the biennium shall not exceed the appropriation 
made by the legislature for said departments. 


Sec. 6. Secretaries and appointees to devote their entire time 
to office—Each secretary, and each appointee in each depart- 
ment, shall devote his entire time to the duties of his office and 
shall hold no other office or position of profit. No appointee in 
any of the departments shall be a relative of any of the secre- 
taries of departments created by this act. 


Sec. 7. Secretaries—appointed how.—EKach secretary of each 
department created by this act shall be appointed by the gover- 
nor, by and with the advice and consent of the senate. In any 
case of vacancy in such offices during the recess of the senate, the 
governor shall make a temporary appointment until the next 
meeting of the senate, when he shall nominate some person to 
fill such office; and any person so nominated who is confirmed 
by the senate, shall hold his office during the remainder of the 
term and until his successor shall be appointed and qualified. If 
the senate is: not in session at the time this act takes effect the 
governor shall make a temporary appointment as in case of a 
vacancy. 


Sec. 8. Same—term of office—Hach secretary whose office 
is created by this act shall hold office for a term of two years 
from the first Thursday after the first Monday in January next 
after the election of the governor and until his successor is ap- 
pointed and qualified unless sooner removed by the governor. 


See. 9. Same—oath of office—Hach secretary, deputy and 
assistant in each department created by this act shall, before 
entering upon the duties of his office subscribe and take the con- 
stitutional oath of office, which shall be filed in the office of the — 
secretary of state. 


See. 10. Same—bond.—Each secretary, deputy and assist- 
ant in each department created by this act shall, before entering 
upon the discharge of the duties of his office, give bond, with 
security to be approved by the governor, not less in any case 
than ten thousand dollars, conditioned for the faithful perform- 
ance of his duties, which bond shall be filed in the office of the 
secretary of state. 


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Sec. 11. Secretary make rules and regulations for depart- 
ment.—The secretary of each department is empowered to pre- 
scribe regulations, not inconsistent with law, for the government 
of his department, the conduct of its employees and clerks, the 
distribution and performance of its business, and the custody, 
use and perservation of the records, papers, books, documents 
and property pertaining thereto. 


Sec. 12. Department offices—branches.—Each department 
shall maintain a central office in the capital at Lincoln, Nebraska, 
in rooms provided therefor. The secretary of each department 
may, in his discretion and with the approval of the governor, 
establish and maintain, at places other than the seat of govern- 
ment, branch offices for the conduct of any one or more functions 
of his department. 


Sec. 13. Department offices—when open and close.—KHach 
department shall be open for the transaction of business at least 
from eight o’clock in the morning until five in the evening of 
each day except Sundays and days declared by statutory enact- 
ment or Proclamation of President or Governor to be holidays. 


Sec. 14. Official seal of department—Each department shall 
adopt an official seal. 


See. 15. Hours of labor.—All secretaries, deputies, assistants 
and employees in the several departments shall render not less 
than eight hours of labor each day, Saturday afternoon, Sundays 
and days declared by statutory enactment or proclamation of the 
President or Governor to be holidays excepted. 


Sec. 16. Leaves of absence.—EKach secretary and appointee 
in the several departments shall be entitled during each calendar 
year to fourteen days leave of absence with full pay. In special 
and meritorious cases where to limit the annual leave to fourteen 
days in any one calendar year would work peculiar hardship, it 
may, in the discretion of the Governor, be extended. 

Sec. 17. Payment for extra services—reports.—No secretary 
or employee in the several departments, employed at a fixed com- 
pensation, shall be paid for any extra services, unless expressly 
authorized by law. Each secretary of a department shall an- 
nually, on or before the first day of December, and at such other 
times as the governor may require, report in writing to the 


202 


governor concerning the condition, management, and financial 
transactions of his department. 


Sec. 18. Co-ordiation among departments.—The secretaries 
of departments shall devise a practical and working bases for 
co-operation and co-ordination of work, eliminating duplication 
and overlapping of functions. They shall, so far as practicable, 
co-operate with each other in the employment of help and the 
use of quarters and equipment. 


Sec. 19. Receipts by departments—paid to state treasury.— 
The gross amount of money received by every department, from 
whatever source, belonging to or for the use of the state, shall 
be paid into the state treasury, without delay, not later in any 
event than ten days after the receipt of the same, without any 
deduction on account of salaries, fees, costs, charges, expenses 
or claims of any description whatever. No money belonging to 
or for the use of the state shall be expended or applied by any 
department except in consequence of an appropriation made by 
law and upon the warrant of the auditor of publie accounts. 


Sec. 20. Supplies—how purchased.—Supplies for the several 
departments, except in cases of emergency and in the ease of 
perishable goods, shall be purchased in large quantities and con- 
tracts therefor shall be let to the lowest responsible bidder. 
Advertisements for bids for furnishing such supplies shall be 
published for at least three days in one or more English language 
newspapers, published in each of the five largest cities of the 
state determined by the then last preceding Federal census, and, 
also in one secular English language newspaper, selected by the 
department of finance by competitive bidding in the same manner 
as it is herein provided other contracts may be let, and designated | 
as an ‘‘official newspaper’’, which newspaper so selected shall 
continue to be the official newspaper for a period of one year 
from the time of its selection. The proposals shall be publicly 
opened on the day and at the hour and place mentioned in the 
advertisement and any and all bids may be rejected and when 
rejected a readvertisement shall be made in the manner above 
provided; providing that no specification prepared for proposals 
to bid as herein provided shall call for private brands or par- 
ticular manufacture. 


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Sec. 21. Powers of departments—carrier reciprocal duties. 
—Whenever in this act power is vested in a department to in- 
spect, examine, secure data or information, or to procure assist- 
ance from another department, a duty is hereby imposed upon 
the department upon which demand is made, to make such power 
effective. 


Sec. 22. Powers—duties—rights, documents and property of 
existing offices to be transferred to department.— Whenever 
rights, powers and duties, which have heretofore been vested in 
or exercised by any officer, board, commission, institution or de- 
partment, or any deputy, inspector or subordinate officer thereof, 
are, by this act, transferred, either in whole or in part, to or 
vested in a department created by this act, such rights, powers 
and duties shall be vested in, and shall be exercised by, the de- 
partment to which the same are hereby transferred, and not 
otherwise, and every act done in the exercise of such rights, 
powers and duties shall have the same legal effect as if done by 
the former officer, board, commission, institution or department, 
or any deputy, inspector or subordinate officer thereof. All 
books, records, papers, documents, property, real and personal, 
unexpended appropriations and pending business in any way 
pertaining to the rights, powers and duties so transferred to or 
vested in a department created by this act, shall be delivered and 
transferred to the department succeeding to such rights, powers — 
and duties. 


Sec. 23. Reports—notices—papers—documents—to be given 
and served upon department heads—saving clause. Whenever 
reports or notices are now required to be made or given, or 
papers or documents furnished or served by any person to or upon 
any officer, board, commission, or institution or deputy, inspector 
or subordinate thereof, abolished by this act, the same shall be 
made, given, furnished or served in the same manner to or upon 
the department upon which are devolved, by this act, the rights, 
powers and duties now exercised or discharged by such officer, 
board, commission, or institution or deputy, inspector or sub- 
ordinate thereof. This act shall not affect any act done, ratified 
or confirmed, or any right accrued or established, or any action 
or proceeding had or commenced in a civil or eriminal cause 
before this act takes effect; but such actions or proceedings may 


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be prosecuted and continued by the department having jurisdic- 
tion, under this act, of the subject matter to which litigation or 
proceeding pertains. 


Sec. 24. Investigations—power to administer oath, summon 
and compel the attendance of witnesses—EHach department 
-ereated by this act shall have power through its secretary, any 
deputy or assistant or employee, when authorized by the secre- 
tary, to make a thorough investigation into all the books, papers 
and affairs of any person, firm or corporation when in the judg- 
ment of such department such examination is necessary to the 
proper performance of its duties and the efficient enforcement 
of the laws, within the purview of its power and authority fixed 
by this act, in so doing to administer oaths and affirmations and 
to examine on oath or affirmation any person, officer, agent or 
clerk of any firm or corporation touching the matters which in 
the judgment of such department, ought to be inquired into and 
to examine and to summon and by attachment compel the at- 
tendance of any person or persons in this state to testify under 
oath before such department or its secretary or any deputy or 
any assistant or employees thereof in relation thereto. 


Sec. 25. Power of departments to administer laws assigned 
to them.—Except as otherwise provided by this act, each depart- 
ment shall have exclusive supervision, regulation and general 
control over the enforcement, execution and administration of 
the laws relating to the several subjects and matters assigned in 
this act to the departments respectively. 


_42- 


TITLE II. 
THE DEPARTMENT OF FINANCE. 


ARTICLE L. 
GENERAL PROVISIONS. 


Section 1. General powers.—The department of finance shall 
have power: 


1. To prescribe and require the installation of a uneeta 
system of bookkeeping, accounting and reporting for the several 
departments ; 


2. To prescribe forms for accounts and financial Ee 
and statements for the several departments ; . 


3. To supervise and examine the accounts and financial 
reports and statements for the several departments; 


4. To examine, at any and all times, into accuracy and 
legality of the accounts, receipts and expenditures of the public 
moneys and the disposition and use of the public property by 
the several departments ; 


d. To keep such summary and controlling accounts as may 
be necessary to determine the accuracy of the detail accounts 
and reports from the several departments, and to prescribe the 
manner and method of certifying that funds are available and 
adequate to meet all contracts and obligations; 


6. To prescribe uniform rules governing specifications for 
purchases of supplies, the advertisement for proposals, the open- 
ing of bids and the making of awards, to keep a catalogue of 
prices current and to analyze and tabulate prices paid and quanti- 
ties purchased; 


7. To examine, at any and all times the accounts of every 
private corporation, institution, association or board receiving 
appropriations from the legislature. 


8. To report to the attorney general for such action, civil 
or criminal, as the attorney general may deem necessary, all 
facts showing illegal expenditures of the public money or mis- 
appropriation of public property. 


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9, To examine and approve, or disapprove, vouchers, bills 
and claims of the several departments and such as are by law 
made subject to the approval of the governor and referred to it 
by the governor, and no voucher, bill or claim of any depart- 
ment shall be allowed without its approval and certificate ; 


10. To prescribe the form of receipt, voucher, bill or claim 
to be filed by the several departments with it; | 


11. In settling accounts of the several departments, to in- 
quire into and make an inspection of articles and materials 
furnished or work and labor performed, for the purpose of 
ascertaining that the prices, quality and amount of such articles 
or labor are fair, just and reasonable, and that all the require- 
ments, expressed and implied, pertaining thereto have been com- 
plied with, and to reject and disallow any excess; | 


12. To prepare and report to the governor, when requested, 
estimates of the income and revenues of the state; 


13. To publish, from time to time, for the information of 
the several departments and for the general public, bulletins 
of the work of the state government ; 


14. To investigate duplication of work of departments, and 
the efficiency of the organization and administration of depart- 
ments, and to formulate plans for the better co-ordination of 
departments ; 


15. To prepare and submit to the Governor biennially, not — 
later than the first day of February next after the election of the 
Governor a state budget. 


ARTICLE II. 


THE STATE BUDGET. 


Section 1. How prepared.—In the preparation of the state 
budget, the secretary of finance shall, not later than the 15th 
day of September in the year preceding the convening of the 
regular session of the legislature, distribute to all departments | 
and to all offices and institutions of the state government (in- 
eluding the elective officers in the executive departments and 
ineluding the University of Nebraska, and normal schools, and 


—14- 


the judicial department) the proper blanks necessary to- the 
preparation of the state budget estimate, which blanks shall be 
in such form as shall be prescribed by the secretary of finance, 
to procure, among other things, information as to the revenues 
and expenditures for the two preceding fiscal years, the appro- 
priations made by the previous legislature, the expenditures 
therefrom, encumbrances thereon, and the amounts unencum- 
bered and unexpended, an estimate of the revenues and expendi- 
tures of the current fiscal year, and an estimate of the revenues 
and amounts needed for the respective departments and offices 
for the two years next succeeding, beginning at the expiration 
of the first fiscal quarter after the adjournment of the legisla- 
ture. Each department, office and institution (including the 
elective officers in the executive and judicial departments and 
including the University of Nebraska and normal schools) shall, 
not later than the first day of November file in the office of the 
secretary of finance its estimate of receipts and expenditures for 
the succeeding biennium. Such estimate shall be accompanied 
by a statement in writing giving facts and explanation of rea- 
sons for each item of expenditure requested. The secretary of 
finance may, in his discretion, make further inquiries and inves- 
tigations as to any item desired. He may approve, disapprove 
or alter the estimates. He shall, on or before the first day of | 
January next after the election of the governor, submit to the 
governor in writing his estimates of revenues and appropriations 
for the next succeeding biennium. 


Sec. 2. Recommendation by governor based upon budget.— 
The governor shall, as soon as possible, and not later that (than) 
February first next after the submission to him of the estimates 
of revenue and appropriations by the secretary of finance, as 
provided in the preceding section of this act, submit a state 
budget, embracing therein the amount recommended by him to 
be appropriated to the respective departments, offices, and in- 
stitutions, and for all other public purposes, the estimated 
revenues from taxation, the estimated revenues from sources 
other than taxation, and an estimate of the amount required to 
be raised by taxation. Together with such budget the governor 
shall transmit the estimates of receipts and expenditures as re- 
ceived by the secretary of finance, of the eléctive officers in the 


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executive and judicial departments and of the University of 
Nebraska, and normal schools. 


Sec. 3. Departmental Estimates—lHach department, shall, 
before an appropriation to such department becomes available 
for expenditure, prepare and submit to the department of finance 
an estimate of the amount required for each activity to be car- 
ried on, and the accounts shall be kept and reports rendered 
showing the expenditures for each such purpose. 


ARTICLE III. 


PURCHASES AND SUPPLIES. 


Section 1. (Sec. 3, Ch. 215, Laws 1917) Purchase of printed 
and stationery supplies for state——Within thirty days after this 
act goes into effect, and on or before the 10th day of January, 
April, July and October of each year thereafter, the secretary 
of finance, shall receive from the officers of each and every de- 
partment of the state government and state institutions, all in- 
stitutions under the board of commissioners of state institutions, 
and all departments therein, all state officers and each and every 
department created by this act, excluding the State University 
and normal schools, an estimate of the probable amount and 
kind of stationery, blanks, blank books, circulars, folders, cata- 
logues, pamphlets, reports, and all other stationery or printed 
matter required by law to be contracted for by said departments, 
state officers and state institutions, for the biennium or any part 
thereof, and also an estimate of all office supplies, including 
rubber bands, pencils, pens, pen holders, ink, rubbers, typewriter 
supplies, typewriters and office stationery to be used during the 
period for which said estimate is made. Said estimate shall be 
in writing and shall specify in detail the kind, quantity and esti- 
mated cost of each of the different items mentioned and referred 
to in said estimate. The department of finance may require each 
institution or person filing said estimate to itemize in detail the 
amounts mentioned in said estimate. The department of finance 
is empowered to change or modify any of the above estimates 
in any manner which may appear to be for the best interests of 
the state. i | 


PB. 


Sec. 2. (Sec. 5, Ch. 215, Laws 1917.) Schedule for bids.— 
The department of finance shall prepare a blank schedule, upon 
which all bids shall be made, enumerating the probable number, 
kind, form, style, size and quality of paper to be used; the size 
and style of type, the quality and style of binding, design or 
monogram, and all other details entering into and forming a part 
of the goods to be furnished, and, when requested so to do, shall 
furnish any competent printer doing business in the state a copy 
of said blank schedule. Said schedule shall also contain an item- 
ized statement of the probable number, kind, form, style, size 
and quality of each article of office supplies and typewriter 
supplies to be used. Each bid shall be in accordance with the 
schedule and specifications and said department shall have power 
to require whatever bond, cash security or certified check from 
each and every bidder as it shall deem necessary to guarantee 
that the bidder will faithfully execute any contract he may be 
awarded. 


Sec. 3. (Sec. 6, Ch. 215, Laws 1917) Contracts.—As soon as 
practicable thereafter, it shall be the duty of the department 
of finance to give notice to the successful bidder that his pro- 
posal has been accepted, and he shall, within five days there- 
after, enter into contract with the state to furnish the same in 
accordance with the schedule and specifications. Should any 
bidder fail or neglect to enter into contract within the time 
herein specified, the contract shall be awarded in the same man- 
ner as herein specified to the next lowest and best bidder for the 
same kind of work, and in case any successful bidder fails to ful- 
fill the conditions of his contract, the department shall, through 
the attorney general, proceed to recover from said failing party 
and sureties whatever damages the state may have sustained 
through said failure. 


Sec. 4. (Sec. 8, Ch. 215, Laws 1917) Proof.—EHach success- 
ful bidder shall furnish the department of finance with a proof 
sheet in page form in rotation if desired, and upon the comple- 
tion of the contract shall deliver the printing, ete., to the depart- 
ment of finance or to such department officer, or to such depart- 
ment, officer or institution as the department of finance may 
direct and such delivery shall be made without cost to the state. 


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Sec. 5. (Sec. 9, Ch. 215, Laws 1917) Payment on contracts.. 
—Upon completion of each contract for any particular job of 
work required under any provision of this act, payment therefor 
shall be made to the proper contractor at the contract price upon 
vouchers certified to as ‘‘correct’’ by the department of finance, 
in the same manner as other accounts against the state are paid, 
out of any funds appropriated for that purpose by the legislature. 


Sec. 6. (Sec. 10, Ch. 215, Laws 1917) Legislative supplies. 
—The contractor for the printing of the senate files and house 
rolls or any kind of printing in bill form shall deliver the same 
eompleted to the office of the department of finance within three 
days after receiving the copy of the same, and any failure on 
the part of said contractor shall render him liable for damages 
in the sum of twenty-five (25) dollars for each and every fail- 
ure, the amount to be deducted from his account on settlement. 
The contractor for printing and binding the laws shall deliver 
the same to the department of finance within sixty (60) days 
after the copy has been furnished, ant? the contractor for print- 
ing and binding the senate files and house rolls and journals 
shall deliver the same to the secretary within ninety (90) days 
_ after receiving the copy thereof. No contractor, however, shall 
be held accountable for any delay occasioned by holding proof 
sheets. 


Sec. 7. (Sec. 11, Ch. 215, Laws 1917) Department purchase 
all supplies.—Al1] stationery, office supplies and printing of every 
kind for any state officer, institution or organization not herein 
enumerated shall pass through the hands of and shall be pur- 
chased by the department of finance in the same manner as 
herein provided; except, however, when an emergency arises for 
the immediate’ furnishings of any stationery, office supplies or 
printing, the cost of which shall not exceed the sum of twenty- 
five (25) dollars, the department shall have the power, if, in its 
judgment, the same cannot be deferred, to furnish said station- 
ery, office supplies or printing at the lowest and best competitive 
price, at any time between the dates fixed in section 1 of this 
article for the letting of contracts; but no claim for any such 
supplies or printing shall be paid unless accompanied by a 
requisition from the state officer or institution ordering the same, 
together with the certified voucher as hereinbefore provided. 


uy Fee 


Sec. 8. (Sec. 12, Ch. 215, Laws 1917) Legislative supplies 
—Copy.—The clerks of the respective branches of the legislature 
shall each furnish each to the department of finance a copy of the 
bills, journals, memorials, documents, resolutions and all other 
matters ordered printed for the use of the legislature. 


Sec. 9. (Sec. 18, Ch. 215, Laws 1917) Same.—Immediately 
upon the adjournment of any session of the legislature the de- 
partment of finance shall carefully invoice and store away and 
preserve in a storage room especially provided for that purpose 
in the capitol all manner of legislative supplies then on hand, 
except fixtures in the respective legislative halls, a copy of said 
invoice to be filed with the secretary of state, which said copy 
shall be delivered to the speaker of the house at the following 
session, and all such supplies shall be preserved under lock for 
the use of the next legislature. 


See. 10. (Sec. 16, Ch. 215, Laws 1917) Legislative acts— 
department to publish.—It shall be the duty of the department 
of finance to classify and arrange for publication, the laws, joint 
resolutions, and memorials passed at each session of the legisla- 
ture. 


See. 11. (Sec. 19, Ch. 215, Laws 1917) Penalty for viola- 
ing an act.—Any person connected with or employed by any of 
the institutions or departments referred to in this title, who or- 
ders any of the articles mentioned or referred to in this title, 
or any person who shall violate any of the provisions of this 
title, shall be guilty of a misdemeanor and shall, upon convie- 
tion, he fined in any sum not exceeding one hundred ($100) 
dollars or be imprisoned in the county jail for a period not ex- 
ceeding three months, and a second: conviction in addition to the 
aforesaid penalty, shall be ground for removal from office of the 
person so convicted and the governor may direct the attorney 
general to proceed in quo warranto to oust said officer from office. 
All contracts entered into or orders given by any person or per- 
sons for any of the articles or items mentioned in section 1 of 
this title to be paid for-either directly or indirectly out of the 
funds of the state of Nebraska, are void and unenforceable, un- ~ 
less said orders or contracts are entered into in the manner pro- 
vided for in this title. 


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Fe ae 
ARTICLE IV. 
SUPERVISORY POWERS OVER TAXATION. 


Section 1. General Powers.—It shall be the duty of the de- 
partment of finance and it shall have power and authority :° 


1. To have and exercise general supervision over the admin- 
istration of the assessment and tax laws of the state, over the 
eounty, precinct, township, city, and village assessors, boards of 
county commissioners, county boards of equalization, and all 
other boards of levy and assessment, to the end that all assess- 
ments of property, real, personal, and mixed, be made relatively 
just and uniform; to require all township and city assessors, 
county commissioners and county boards of equalization, under 
a penalty of forfeiture and removal from office as such assessors 
or boards, to assess all property of every kind and character at 
one-fifth of its actual and full cash market value. 


2. To confer with, advise and prescribe the rule for as- 
sessors, boards of commissioners, boards of equalization and 
others obligated under the law to make levies and assessments, 
as to their duties under the statutes of the state. 


3. To direct proceedings, actions and prosecutions to be in- 
stituted to enforce the laws relating to the penalties, liabilities 
and punishment of public officers, persons and officers or agents 
of corporations for failure or neglect to comply with orders of 
the department, or with the provisions of the statutes governing 
the return, assessment and taxation of property; and to cause 
complaints to be made against township, county, precinct, city 
and village assessors, county commissioners, county boards of 
equalization, or other assessing or taxing officers in the courts of 
proper jurisdiction, for their removal from office for official mis- 
eonduct or neglect of duty. 


4. To require the attorney-general, or county attorneys in 
their respective counties, to assist in the commencement and pro- 
secution of actions and proceedings for penalties, forfeitures, 
removals and punishments for violations of the laws of the state 
in respect to the assessment and taxation of property, or to repre- 
sent the department in any litigation in which it may become in- 
volved in the discharge of its duties. 


lh) | i 


5. To require township, precinct, village, city, county, state 
or other public officers to report information as to the assessment 
of property, collection of taxes, receipts from licenses, and other 
sources, the expenditures of public funds for all purposes, and 
such other information as may be needful or desirable in the 
work of the department in such form and upon such blanks as 
the department may prescribe; to make and prosecute such re- 
search and investigation as to the detailed properties of corpora- 
tions, and the business, income, reasonable expenditures and 
true values of the franchise and properties of all public-service 
corporations doing business in this state, as will result in a fair 
and equitable basis of assessing the same and making and recom- 
mending proper legislation to the legislature, from time to time, 
and to prescribe rules for the local assessing and taxing officers 
in making such assessments. 


6. To require individuals, partnerships, companies, associa- 
tions, joint-stock companies and corporations to furnish informa- 
tion concerning their capital, funded or other debts, current as- 
sets and liabilities, value of property, earnings, operating and 
other expenses, taxes and other charges, and all other facts which 
may be needful or desirable to enable the department to ascer- 
tain the value and relative burdens borne by all kinds of property — 
in the state. 


7. To cause the deposition of witnesses residing within or 
without the state, or absent therefrom, to be taken, upon notice 
to the interested parties, if any, in like manner as depositions 
of witnesses are taken in civil actions pending in the district 
court, in any manner which the department shall have authority ; 
to investigate and determine. 


8. To investigate the work and methods of local assessors, 
boards of county commissioners and county boards of equaliza- 
tion in the assessment, equalization and taxation of all kinds 
of property. 

9. To carefully examine into all cases where evasion of 
violation of the laws for assessment and taxation of property is 
alleged, complained of, or discovered, and to ascertain wherein 
existing laws are defective, or are improperly or negligently 
administered, and to prepare and recommend measures best eal- 
culated to remedy the defects discovered. 


Py ja 


10. To investigate the tax systems of other states and coun- 
tries, and to formulate and recommend such legislation as may 
be deemed expedient to prevent evasion of assessments and tax 
laws, and to secure just and equal taxation and eee eo in 
the system of taxation in the state. 


11. To inquire into the system of accounting and auditing 
public funds in use in townships, cities, counties, and state and 
to devise and prescribe a uniform system of auditing and ac- 
counting of the receipts and disbursements of public funds in 
‘the municipalities of the state. 


12. To transmit to each member of the legislature, thirty 
days before the meeting of the legislature, the report of the 
department covering the subject of assessment and taxation, the 
results of the investigations of the departments, its recommenda- 
tions for improvement in the system of taxation in the state, to- 
gether with such measures as may be formulated for the con- 
sideration of the legislature. 


18. To require any county board of equalization, at any 
time after its adjournment, to reconvene and to make such orders 
as the department shall determine are just and necessary; to order 
and direct any county board of equalization to raise or lower the 
valuation of any class or classes of property; and generally to 
do and perform any act or to make any order or direction to 
any county board of equalization as to the valuation of any 
class of property in any county which, in the judgment of said 
department, may seem just and necessary, to the end that all 
property shall be valued and assessed in the same manner and 
to the same extent as any and all other property, real or per- 
sonal, required to be listed for taxation. 


14. All proceedings taken and action had by the denice 
ment of finance in reference to taxation as in this Article pro- 
vided, shall be reported by said department to, and be subject 
to review by the State Board of Equalization. 


ie ee 
TITLE III. 
THE DEPARTMENT OF AGRICULTURE. 


ARTICLE L. 
GENERAL POWERS. 5 


Section 1. Power enumerated.—The department of agricul- 
ture shall have power: ; 


1. To encourage and promote, in every practicable manner, 
the interests of agriculture, including horticulture, the live stock 
industry, dairying, cheese making, poultry, bee keeping, forestry, 
fishing, the production of wool, and all other allied industries; 


2. To promote methods of conducting these several indus- 
tries with a view to increasing the production and facilitate the 
distribution thereof at the least cost; 

3. To collect and publish statistics relating to crop produc- 
tion, marketing and farm economies, the production and market- 
ing of beef, pork, poultry, fish, mutton, wool, butter, cheese and 
other agricultural products so far as such statistical information 


may be of value to the agricultural and allied interests of the 


State; to co-operate with the Federal Government in the matter 
of collecting such statistical information. Such department shall 
include in its publications the reports of agricultural, horticul- 
tural and like societies, and of live stock associations. Such 
published statistics shall be the official agricultural statistics of 
the state; 


4. To encourage the planting of trees and shrubs and the 
improvement of farm homes generally; 


+. To produce and manufacture biological products to be 
distributed to live stock producers at the actual cost thereof; 


6. To inquire into causes of contagious, infectous and com- 
municable diseases among domestic animals, and the means for 
the prevention and cure of the same; 

7. To take all measures necessary for the preservation, dis- 


tribution, introduction and restoration of fish, game birds and 
other wild birds; . 


ae 


Hones 


8. To see that live stock and stock yards, and other like 
places where live stock is confined, housed or fed, are properly 
eared for; . 


9. To execute and enforce all laws relating to the inspec- 
tion of foods, drugs, dairy products, oils, commission merchants, 
cider and vinegar, oleomargarine and butterine, sanitation of 
premises used for manufacturing and preparation of foods, cold 
storage ware-houses, points, seeds, commercial feeding stuffs, 
live stock remedies, hotels and inns, weights and measures and 
commercial fertilizers, and from time to time promulgate such 
rules and regulations and adopt such standards of food products 
as are necessary and proper to enforce the provisions of this title. 


ARTICLE II. 


LIVE STOCK. 


Section 1. (S. 145) Duties—powers.—The department of 
agriculture shall be vested with the power and charged with the 
duties of protecting the health of live stock in Nebraska, of de- 
termining and employing the most effective means for the pre- 
vention and eradication of contagious and infectious diseases, 
of quarantining when necessary, and of regulating the arrival 
into, and departure from, and movement within the state of 
animals infected or exposed to infection or contagion. 


Sec. 2. (S. 153) Penalty for harboring diseased animals.— 
Any person who shall violate any quarantine regulation estab- 
lished by the department of agriculture or who shall knowingly 
harbor, or sell any animal afflicted with infectious or contagious 
disease shall, upon conviction, be fined not less than fifty ($50.00) 
dollars, nor more than one thousand ($1000.00) dollars for each 
offense. 


Sec. 3. (See Sec. 152 to 154) Diseased animals examined and 
appraised.— Whenever any horse, or mule shall be found, by any 
authorized agent of the department of agriculture, after inspec- . 
tion, to be afflicted with glanders or duraine, its value shall, 
within twenty-four hours thereafter, be determined by three ap- 
praisers, one of whom shall be selected by the secretary of agri- 


PAS 


culture, one by the owner of the horse or mule, and the third by — 


the two so selected. | 

Sec. 4. Killing diseased animals—compensation.—The owner 
of the horse or mule so afflicted shall, immediately after the de- 
termination of its value as in this article provided, kill the same, 
and, on presentation to the auditor of the state of Nebraska of 
evidence that the provisions of this article have been complied 
with, that the animal killed was at least one year old and had, 
in good faith been owned and kept within the state for one 
year, be entitled to reimbursement from the treasury of the 
state in the sum of two-thirds of the appraised value of such 
horse or mule but not to exceed $133.33 for any one horse or 
mule killed. 


Sec. 5. (Chap. 159, Sec. 1, 1917) Scabies cattle—shipping — 


prohibited.—No person shall ship, trail, drive or otherwise move, 
or allow to be moved, or allow to drive from one county in the 
state to any other county in the state, or to any other state, cattle 
which are affected with scabies, except as hereinafter provided. 


Sec. 6. (Chap. 159, Sec. 2, 1917) Same—quarantine.—The 
department of agriculture is hereby authorized to place in quar- 
antine any county, or part of any county, or any private premises, 
or private or public stock yards, where cattle affected with 
seabies are or have been kept, and hold such premises in quaran- 
tine until such eattle so affected have been properly treated or 


dipped and such premises thoroughly cleaned and disinfected. — 


The department is hereby authorized to prescribe rules and regu- 
lations which shall provide the method and manner in which 
such treatment or dipping, and such cleaning and disinfecting 
shall be done; and shall hire or secure such assistants or inspect- 
ors as may be necessary to supervise such treatment, or dipping 
and such cleaning and disinfecting. No cattle shall be trailed, 
shipped, driven or delivered to any transportation company for 
shipment to any place outside of such quarantined area unless 
such cattle have been inspected by an inspector of the Bureau 
of Animai Industry, or an inspector employed or authorized by 
the department to make such inspections, and when such eattle 
are found to be free from such infection. Affected cattle may, 
however, after being dipped once, be shipped to a market center, 
under quarantine, and there be slaughtered, or they may be 


ire al 


OR 


dipped again at the market ten days after the first dipping and 
shipped anywhere. 

Sec. 7. (Chap. 159, Sec. 3, 1917) Inspection—dipping.— 
Whenever any inspector or person employed or authorized by the 
department to make inspections for scabies in cattle, shall find 
eattle so affected, he shall at once notify the owner, or his agent 
and such owner or his agent or the person having possession of 
such cattle, shall treat or dip them if ordered by the department 
or its duly authorized agents, in the manner prescribed by the 
rules and regulations of the department, and approved by the 
Chief of the Bureau of Animal Industry of the United States. 
Such eattle shall be held in strict quarantine at a place pre- 
scribed by the department, until treated or dipped as required 
and the premises cleaned and disinfected, if such cleaning and 
disinfecting be deemed necessary by the department of agricul- 
ture. When any person in control of, or caring for such live 
stock shall fail or refuse to dip, or otherwise treat such cattle, 
or disinfect premises, at the time and in the manner prescribed 
or directed by the department, then the department shall have 
the power to call upon the sheriff of the county in which such 
live stock is found, and the sheriff, together with a representa- 
tive of the department, shall dip or otherwise treat such cattle 
in the manner and at the time directed by the department and 
the sheriff shall keep such cattle in his custody until they are 
treated or dipped. Such cattle may be held by said officer until 
the costs of such treatment or dipping are paid. Any officer who 
shall seize cattle for dipping or treatment shall be liable to the 
owner thereof for damages caused by his negligence. 

See. 8. (Sec. 4, Ch. 159, 1917) Violation—penalty.—Any 
person who shall violate any of the provisions of this article shall, 
upon conviction thereof, be fined in any sum not less than two 
hundred and fifty ($250.00) dollars nor more than five hundred 
($500.00) dollars, or shall be confined in the county jail not less 
than thirty (80) days nor more than ninety (90) days, or both. 

See. 9. (Chap. 161, Sec. 1, 1917.) Hog cholera serum manu- 
facturer—sale regulated.—No person shail sell, barter or ex- 
change, carry, give away, ship or deliver for shipment hog 
cholera serum or virus within the state of Nebraska, unless such 
person shall hold an uncancelled, unexpired United States Gov- 


_26— 


ernment Veterinary License, issued by the United States De- 
partment of Agriculture, or a permit unexpired and uncaneelled, 
issued by the department of agriculture of Nebraska. 


Sec. 10. Hog cholera containers—labeling.—Each container 
of hog cholera serum or virus shall have thereon a label showing 
the name of the manufacturer, the date of its manufacture, and 
the date when its potency is regarded as uncertain, the date of 
sale and delivery, the name of purchaser and the name of the 
vendor. 

Sec. 11. Manufacture and distribution of serum—permit re- 
quired.—No person shall manufacture or distribute hog cholera — 
serum or virus in the state of Nebraska without first making ap- _ 
plication to the department of agriculture for and receiving a 
permit to transact such business. 


Sec. 12. Bond—permit issued.—If the department is satis- 
fied that the applicant possesses the requisite skill and upon his 
furnishing a bond in the sum of five thousand ($5,000) dollars, 
to be approved by the department, it may issue to the applicant 
a permit to sell hog cholera serum or virus, within the state for 
a period of one calendar year, or part thereof. ‘The department 
shall prescribe the standard of potency for hog cholera serum 
and virus. The permit may at any time be changed, or it may 
be revoked for cause. ; 


See. 13. Conditions of bond.—The bond of the applicant shall 
be conditioned that the applicant shall forfeit to the state of 
Nebraska the sum of one thousand ($1,000) dollars, and in addi- 
tion thereto the expense of collecting the same whenever upon 
Inspection, it shall be ascertained that any serum or virus, sold 
or used, or kept for sale or distribution or offered for sale by 
him, is below the standard of potency, prescribed by the depart- 
ment of agriculture. 


Sec. 14. Test of serum.—Section 9 shall not apply to per- 
sons, who have complied fully with the regulations and orders 
of the department of agriculture and shall have received a permit 
to sell serum or virus in this state and who have first, if re- 
quested to do so, submitted a sample of any serum or virus — 
offered for sale, and the department has, upon completion of the 
test of any serum or virus, found it to be of a standard degree 


utah a 


of potency, satisfactory to said department, and provided the 
department has issued a permit for such serum or virus to be 
sold within the state. 


Provided, that the department of agriculture may or may 
not test any such serum or virus, and may permit to be sold any 
serum or virus, without being tested by such department. 


Sec. 15. Blanks for reports by purchasers.—All persons 
selling serum or virus in this state, shall furnish purchasers a 
sufficient number of blanks on which to report the results of 
vaccination of all hogs treated, and report to the department of 
agriculture at the end of each month on forms to be prescribed 
by the department, all sales of serum and virus, the names and 
addresses of purchasers, and dates of shipment. 

See. 16. Record by persons administering serum.—Any per- 
son who shall administer hog cholera serum or virus, shall keep 
an accurate record showing the number of hogs vaccinated, for 
whom vaccinated, the name of the manufacturer, serial numbers, 
the number of hogs having over 104 degrees of temperature, the 
number of hogs visibly sick, the average weight of all classes 
vaccinated, the average dosage, the total amount of serum or — 
virus used, and the method of vaccination employed. <A report 
shall be made at the end of thirty days after vaccination to the 
department of agriculture, by the owner of such hogs, showing 
their general condition, the manner in which they were fed, and 
eared for, and the number, if any, that died within the thirty-day 
period after vaccination. 

See. 17. Standard of potency.—No hog cholera serum or 
virus shall be sold or offered or kept for sale, in the state of 
Nebraska, which is below the standard test of potency estab- 
lished by the department of agriculture, nor shall such inferior 
serum or virus be used, except for experimental purposes, at the 
place of manufacture. It is further provided that the serum 
plant, owned and operated by the state, shall, come under the 
same requirements as other plants doing business in the state of 
Nebraska. 

Sec. 18. Violation—penalty—Any person violating any 
provision of this article shall on conviction thereof be fined in 


any sum not less than one hundred ($100) dollars, nor more than 
one thousand ($1000) dollars. 


a) * 


Sec. 19. (See Ch. 160, Laws 1917) Foot and mouth disease 
—animals—value.—Whenever any domestic animal shall be 
found, by an authorized agent of the department of agri- 
culture, after inspection, to be afflicted with the foot and mouth 
disease, its value shall within twenty-four hours thereafter, be 
determined by three appraisers, one of whom shall be selected 
by the secretary of agriculture, one by the owner of the animal 
afflicted and the third by the two so selected. 


Sec. 20. Owner to kill—when.—The owner of any animal so 
afflicted shall immediately after the determination of its value 
as provided in the preceding section, kill the same and dispose 
of the carcass, and he shall thereupon disinfect, in the manner 
required by the department of agriculture, the premises occupied 
by such animal. 


See, 21. Reimbursement for diseased animals killed.—The 
owner of any animal killed as provided in the preceding section 
of this article, shall on presentation to the auditor of the State 
of Nebraska of evidence that the provisions hereinbefore set 
forth have been complied with and that the animal had been kept 


and owned within this state for six months prior to being killed, 


be entitled to reimbursement from the treasury of the state in 
the sum of two-thirds of the value of such animal, but not to 
exceed $66.67 per head for cattle, $4.67 per head for pat and 
4.67 cents per pound for swine. 


ARTICLE III. 


STALLION REGISTRATION LAW. 
(Chap. 169, Session Laws, 1915) 


Section 1. Inspection of stallions, :etc.—duties and powers 
of department.—It shall be the duty of the department of agri- — 
culture to protect the health of live stock in Nebraska, to deter- — 


mine and employ the most efficient means for the prevention and 
eradication of contagious and infectious diseases of live stock, 
to exercise by authority of State Veterinarian the power of 
quarantine when necessary, and to regulate the arrival into and 
departure from the state, or any point therein, of animals in- 


fected or having been exposed to infection, and supervise the 


—29 


inspection of stallions and jacks as provided by law. Provided, 
this section shall not apply to live stock brought into Nebraska 
for immediate slaughter, and therefore subject to government 
regulations. Whenever possible the department shall co-operate 
with the United States Government in enforcing federal regula- 
tions. 


See. 2. Stallion certificate—Every owner or keeper of any 
stallion or jack kept for sale, transfer, exchange, or public serv- 
ice, who represents such stallion or jack to be fit for service, 
shall procure a certificate and keep the same, or an exact copy 
thereof, posted in a conspicuous place within every barn, shed 
or building in which such stallion or jack is kept for service 
and shall mention the same in all advertisements, as herein pro- 
vided. Such certificate shall be procured from the department 
as provided by this article. 


Sec. 3. Record.—In order to oftain such certificate, there 
shall be presented to said department, an affidavit signed by a 
qualified veterinarian who is not interested in the buying or 
selling of horses who has been appointed by the State Veterin- 
arian, (said veterinary surgeon may be disqualified for cause) 
to the effect that he’ has personally examined such stallion or 
jack and that to the best of his knowledge and belief such stal- 
lion or jack is free from such hereditary, infectious, contagious 
or transmissible diseases as: Urethal gleet, melanosis, periodic 
ophthalmia (Moon blindness), laryngeal hemiplegia (roaring), 
dourine, glanders, farey, or serious defects in general conforma- 
tion, and, if the stallion or jack is pure bred, there shall be pre- 
sented to the inspector for his examination and comparison 
also a certificate of registration of such stallion issued by one of 
the following foreign stud books, and associations recognized by 
the Department of Agriculture in the Bureau of Animal Hus- 
bandry, Order No. 175, November 25, 1910, and amendment num- 
ber one thereto, December 30, 1910: 


Boy 


le: tA 


Name of breed. Book of Record | | Association, Society or Company 


Belgian Draft—Stud Book 
des Chevaux de Trait 
Belgose. 


Clydesdale—Clydesdale 
Studbook. 


French Draft—Studbook des 
Chevaux de Trait Francias. 


Aocitet le Cheval de Trait Belge, 
Chevalier G. Hynderick, Sec’y, 
Brussels, Belgium. 


Clydesdale Horse Society of the 
United Kingdom of Great Britain 
and Ireland, Archibald MacNeil- 
age, See’y, 93 Hop St., Glasgow, 
Scotland. 


Societe des Agricultures de 
France, Henri Johanet, Sec’y, 8 
Rue d’ Athenes, Paris, France. 


Hackney—Hackney Stud- 
book. 


Hackney Horse Society, Frank F. 
Buren, Sec’y, 12 Hanover So., 
London, W. England. 


ron de Franee. 


Shetland Pony—Shetland 
Pony Studbook. 


Percheron—sStudbook Perche- 


La Societe Hippique Percheronne 
de France, E. Lomaire, See’y, 
Nogent de Rotrou, France. 


Shetland Pony Studbook Society, 
R. W. Walker, Sece’y, 3 Golden 
Sq., Aberdean, Scotland. 


Shire—Shire Horse Society. 


Shire Horse Society, J. Slough- 
grove, Sec’y, 12 Hanover 8q., Lon- 
don, W. England. 


Suffolk—Suffolk Studbook. 


Suffolk Horse Soc’y, Fred Smith, 
See’y, Rendelsham, Woodbridge, © 
Suffolk, England. 


Thoroughbred—Australian 


Studbook, General Studbook. 


W. C. Yuille & Sons, Melbourne, 
Aust. Weatherby & Sons, 6 Old 
Burlington St., London, W. Eng- 
land. 


_24- 


Welsh Pony & Cob—Welsh The Welsh Pony & Cob Society, 
Pony & Cob Studbook. John R. Bache, Sec’y, Knighton, 
Randnorshire, Wales. 


Belgian Draft—Canadian 
Clydesdale—National 


Hackney—Records Canadian Nat’l Records, Secre- 
Shire | tary, Ottawa, Canada. 
Suffolk 


Welsh Pony & Cob 


The stud books and signatures of the authorized officers of 
the following American Horse and Jack Pedigree Registry As- 
sociation, Societies or Companies. 


BOR: 


Name of Breed, Book of Record | By Whom Published. 


Arabian—Studbook of the 
Arabian Horse Club of 
America. 


Arabian Horse Club of Ameriea, 
H. K. Bush-Brown, Seec’y, New- 
burgh, N. Y. 


American Association of Import- 
ers and Breeders of Belgian Draft 
Horses, J. C. Connor, Jr., Sec’y, 
Wabash, Ind. 


Belgian Draft—American 
Register of Belgian Draft 
Horses. 


Cleveland Bay Society of Ameri- 
ea, R. P. Stericker, Sec’y, Ocono- 
mowoe, Wis. 


Cleveland Bay—American 
Cleveland Bay Studbook. 


National French Draft Horse As- 
sociation of America, O. E. 
Stubbs, See’y, Fairfield, Ia. 


French Draft—National 
Register of French Horses. 


American Clydesdale Association, 
R. B. Ogilvie, See’y, Union Stock 
Yards, Chicago, Ill. 


Clydesdale—American 
Clydesdale. 


ee 


French Coach—French 
Coach Studbook. 


French Coach Horse Society of — 
America, Duncan R. Willet, See’y, 
Maple Ave. and Harrison St., Oak - 
Park, Ill. 


German Coach, 
Oldenburg—German Han- 
overian and Oldenburg 
Coach Horse Studbook. 


American Hackney 
Studbook. 


German Hanoverian and Olden- 
burg Coach Horse Association of 
America, J. Crouch, See’y, la- 
fayette, Ind. 


American Hackney Horse Society, 
Curney C. Cue, Sece’y, 308 W. 97th 
St., New York City. 


Jacks and Jennets— 
American Jack Stock 
Studbook. 


American Breeders Association of 
Jacks and Jennets, J. W. Jones, 
See’y, Columbia, Tenn. 


Percheron—Percheron Stud- 


book of Amerieéa. 


Percheron—Percheron 
Register. 


Percheron Society of America, 
Wayne Dinsmore, Sec’y, Union 
Stock Yards, Chicago, Il. 


The Percheron Registry Company, 
Chas. G. Glenn, See’y, 1319 Wells- 
ley Ave., Columbus, Ohio. 


Percheron—The American 
Breeders and Importers 
Percheron Register. 


The American Breeders and Im- 
porters Percheron Registry Com- 
pany, John A. Forney, Seec’y, 
Plainfield, Ohio. 


Shetland Pony—American 
Shetland Pony Club 
Studbook. 


American Shetland Pony Club, 
Miss Julia M. Wade, See’y, La- 
fayette, Ind. 


Shire—Ameriecan Shire Horse 


Studbook. 


American Shire Horse Associa- 
tion, Chas. Burgess, Sr., See’y, 
Wenona, III. ! 


Suffolk—American Suffolk 


Horse Studbook. 


American Suffolk Horse Associa- 
tion, Alexander Galbraith, 
DeKalb, Il. 


ed 4d ls 


Thoroughbred—American The Jockey Club, W. H. Rowe, 
Studbook. Registrar, 571 Fifth Ave., New 
York, N. Y. 


Welsh Pony & Cob—Welsh 
Pony & Cob Studbook. 
Aurora, Ill. 


The Welsh Pony & Cob Society of 
America, John Alexander, Sec’y, 


American Trotter—American 
Trotting Register. 


Illinois. 


American Trotting Register Asso- 
ciation, W. H. Night, See’y, 137 
So. Ashland Boulevard, Chicago, 


Morgan—American Morgan 
Register. ciation, T. E. Boyce, Sec’y, 


Middlebury, Vermont. 


American Morgan Register Asso- 


American Saddle Horse Breeders 
Association, I. B. Hall, See’y, 
Louisville, Ky. | 


Saddle Horse—American 
Saddle Horse Register. 


—— ee ee ee ee SS, ee eS eae ek, ee 


Jacks & Jennets—Standard Standard Jack & Jennet Registry, 
Jack Studbook. Wm. E. Morton, See’y, Kansas 
City, Mo. 


The said department shall accept as pure bred, entitled to a 
license certificate as such, each stallion or jack for which a pedi- 
eree registry certificate is furnished the inspector, bearing the 
signature of the duly authorized officers of one of the above 
named associations, societies or companies. 

See. 4. Certificates—Form.—The certificates for stallions 
shall be of two forms, one for pure breds, and one for grades. 
Each certificate shall state the name of the stallion or jack, and 
if pure bred, the registered number and the name of the studbook 
in which such’ stallion or jack is registered. Each certificate 
shall bear the name of the importer or breeder, the name of the 
present owner, a description of the color, the year foaled and in- 
spector’s statement as to whether said stallion or jack is sound 
or unsound. If unsound the certificate shall contain the names 
of the diseases, the location of which shall be indicated by means 
of a small diagram of a stallion properly marked by the inspector. 


ya 2 Hi 


Each certificate shall bear the signatures of the inspector, the 
deputy state veterinarian, the secretary of the department and 
shall have attached thereto the official seal of said department. 
A grade shall be defined as a stallion or jack whose owner pre- 
sents the affidavit of two persons that said grade has either a 
sire or dam of pure breeding. 


Sec 5. Certificates refused—-when.—No stallion or jack 
which may come into the State of Nebraska, after this section 
shall take effect, shall be given a certificate if such stallion or 
jack is affected with one or more of the following diseases, name- 
ly: Urethal gleet, melanosis, periodic ophthalmia (Moon blind- 
ness), laryngeal himiplegis (roaring), cataract, amaurosis (glass 
eye), Chorea (St. Vitus dance), string halt, bone spavin, bog 
spavin, ring bone, side bone, curb, with curby formation of hock, 
contagious or infectious diseases, or is seriously defective in con- 
formation, or vicious disposition. 


Sec. 6. Examinations—when made.—Every stallion and ~ 
jack shall be examined between the age of two and three years, 
and again between the age of five and six years. At time of 
first examination, a certificate shall be given, good for one year, . 
for which a fee of $3.00 shall be paid. For the years intervening 
between such inspections as herein provided, a duplicate certi- 
ficate shall be secured for which a fee of $1.00 shall be paid, for 
each transfer of ownership, twenty-five cents. At the time of 
second inspection, a certificate good for life will be given for 
which a fee of $3.00 shall be paid. Additional duplicate certi- 
fieates will be furnished at any time for 25 cents each. bes 


_ Provided, that any certificate or duplicate may be revoked 
at any time if stallion or jack shall be found to be afflicted with 
melanosis, periodic ophthalmia, or any contagious or infectious 
disease or for any other good cause. Provided, further, that all 
money collected shall be turned into the State Treasury and the 
same is hereby appropriated for the use of the department for 
the biennium, ending March 31st, 1917, to be used in carrying out 
the provisions of this article. . 


Sec. 7. Post certificate—HEvery owner or keeper of a stal- 
lion or jack kept for service shall keep posted the certificates 
issued by the department or a copy of the same, during the en- 


—~35— 


tire breeding season, in a conspicuous place within every shed 
or building in which such stallion or jack is kept for service. 


Sec. 8. Advertisement of grade stallion.—No owner or keep- 
er of a stallion not of pure breeding shall permit the printing, 
publishing or circulating of any bill, poster card, newspaper 
advertisement or other advertisement calling attention to said 
stallion as a breeder, unless the same shall have the words ‘‘ grade 
stallion’’ in 48 point type immediately preceding such name. : 


Sec. 9. Record of certificate—It shall be the duty of the 
department to keep a record of all certificates and the issuance, 
refusal or revocation of the same. 


Sec. 10. Sale of stallion—new certificate—If the owner of 
the stallion or jack shall sell, exchange or transfer the same, 
said department shall upon receiving the certificate in force at 
the time of the sale and satisfactory proof of such change in 
ownership, issue to the new owner a certificate of transfer of 
ownership. 

Sec. 11. Annual reports of board.—The department shall 
publish an annual report which shall be made to and issued as 
a bulletin from the office of the department. Said annual report 
shall contain an alphabetical list of stallions and jacks which 
have been granted certificates and full and complete account of 
all money received and expended. 

See. 12. Violation—penalty.—Any person, firm or corpora- 
tion who shall violate any of the provisions of this article shall 
be guilty of a misdemeanor and be punished by a fine of not less 
than twenty-five ($25.00) dollars nor more than two hundred 
($200.00) dollars or be imprisoned in the county jail not exceed- 
ing thirty days, or both such fine and imprisonment, in the dis- 
eretion of the court. 


See. 13. Form of certificates lawful.—All inspections made 
and certificates issued by the Nebraska Stallion Registration 
Board are hereby ordered recognized as valid by this department 
the same as though inspection had been made under this law. 

Sec. 14. Form of certificate—The following is a copy of 
the certificate that will be issued for pure bred stallions, and 
similar certificates will be issued for grade stallions and jacks: 


LEM 


STATE OF NEBRASKA DEPARTMENT OF AGRICULTURE. 
License Certificate Nocececccccccecceccseceee- 


Pure Bred Stallion. 


Ownedeby tetas esse ee Py Oi ie aie eee 
Nebraska. 


Weeboh teas oe ii. plo a epee Height: .2..0.::.4::...4.. 2 
has been examined by the department and it is hereby certified 
that the said stallion is pure breeding and is registered as No. 
Rtas IN. theless ee ok ay 
recognized by the laws of Nebraska. The above named stallion 
has been examined by a qualified veterinarian who reports as 
follows: 3 

I have this day examined the pure bred stallion named 
Ll Bledawae teclnats cand hited Wee Loa tot, Wie i es NO.” cocte-s0s-.-:- 
the best of my knowledge and belief said stallion is free from 


urethal gleet, melanosis, periodic ophthalmia, laryngeal hemi- 


phegia, and serious defects in general conformation. I further 

certify that said stallion is sound except indicated in the diagram 
below: Fh eet 

(Diagram: of horse here) .....20..00. 2524.24... i 
State Stallion Inspector. 

Said stallion is hereby licensed to stand for public service 

in the State of Nebraska during the season of the calendar year 

5s ase | ae 


Se eee emer eee e were nee eee man ewe seen een cence conse ence cece cease eneeencccas 


Deputy State Veterinarian and Secretary. 


Sec. 15. Fees—paid into state treasury.—All fees collected 
in the enforcement of this article shall be paid into the general 
fund of the state. 


Lo 


Sec. 16. Saving clause—Nothing in this article shall be 
construed to release any person from punishment of liability for 
any acts heretofore committed, under existing statutes. 


ARTICLE IV. 


GAME AND FISH. 


Section 1. (R.S., Sec. 2653) Duties and powers of depart- 
ment.—The department of agriculture shall have general su- 
pervisory authority over and general control of: 


1. (2653) The protection, propagation and breeding of 
such fish and game, song, insectivorous and other birds as may 
be deemed valuable to the people of the state; 


2. The collection and distribution of such statistics and in- 
formation as may be deemed useful respecting the protection and 
propagation of fish and game, song, insectivorous and other birds, 
and to take charge of and preserve all books, records, and docu- 
ments pertaining to the subject which may come into its pos- 
session or under its control ; 


3. The control and management of all state fish hatcheries 
and grounds therefor, together with all buildings, ponds, appara- 
tus of every kind, and all other property belonging to or used 
by the state in the propagation of fish. 


4. The enforcement of all laws of the state for the protec- 
tion, preservation and propagation of fish and game, song, in- 
sectivorous and other useful birds. 


Sec. 2. (R. S. Sec. 2656 and 2657) Duties of department 
and assistants.—All deputies, assistants and employees who are 
provided by the department of agriculture in the enforcement 
of the provisions of this article, are hereby made officers of the 
state with the powers of sheriffs and constables while acting 
within the line of their official duties, with authority to make 
arrests and to serve all writs and processes, civil and criminal, 
in the enforcement of this article, and to charge therefor and 
collect the fees allowed by law for like services by sheriffs and 
constables, and it shall be the duty of every such officer, as well 
as' the sheriffs and constables in their respective counties, with 


—38— 


or without a warrant, to arrest any person whom he has reason 
to believe guilty of a violation of the provisions of this article; 
and, with or without a warrant, to open, enter and examine all 
camps, wagons, cars, stages, tents, packs, warehouses, stores, out- 
houses, stables, barns, and other places, boxes, barrels, and pack- 
ages where he has reason to believe any fish or game, song, in- 
sectivorous or other birds, taken or held in violation of this 
article, are to be found, and to seize the same: Provided, a dwell- 
ing house actually occupied can be entered for examination only 

in pursuance of a warrant. : 


Sec. 38. (R. S. Sec. 2658) Disposition of game seized—of 
prisoner.— Where fish or game, song, insectivorous or other birds 
are seized under this article, the officer making such seizure shall 
have authority, upon payment of reasonable compensation there- 
for, to also take possession of and use any animal and vehicle 
used in such transportation for the purpose of conveying the 
fish or game, song, insectivorous or other birds seized, to a con- 
venient railroad station or place of safe keeping for sale, and | 
also for conveying any person arrested for the unlawful posses- 
sion of such fish or game, song, insectivorous or other birds to a 
place of hearing or trial, and no liability shall attach to such 
officer by reason thereof, but this section shall not apply to any 
animal or vehicle while being used as a public conveyance for 
passengers or mails, or to any railroad car. 


Sec. 4. (R.S. Sec. 2659) Actions—The department of agri- 
culture may if it so elect bring and maintain a civil action in 
the name of the state for the possession of any fish or game, 
song, insectivorous or other birds taken, killed or held in viola- 
tion of this article, or for the value thereof, against any person 
in possession or exercising control over the same, and if required 
by the department a writ of replevin shall issue therein without 
bond. No previous demand for possession shall be necessary. 
Neither the pendency of such action nor of a criminal prosecu- 
tion for the same taking, killing or possession, shall be.a bar to 
the other, nor shall anything in this section affect the meni ee 
seizure under the provisions of this article. 


Sec. 5. (R.S8., Sec 2660) Game—public property.—All fish 
or game, song, insectivorous or other birds now or hereafter 


mo 


within this state not held by private ownership legally acquired, 
and which for the purposes of this article shall include all the 
quadrupeds, birds and fish mentioned herein, are hereby declared 
to be property of the state, and no right, title, interest or prop- - 
erty therein can be acquired or transferred, or possession thereof 
had or maintained, except as herein expressly provided. 


Sec. 6. (R.S8., Sec. 2661) Same—defined.—<As used in this 
article and unless otherwise specifically restricted or enlarged, 
the word ‘‘game’’ includes all the quadrupeds and birds, and 
the word ‘‘fish’’ ineludes all the fish mentioned herein and now 
or hereafter within this state and not held by pes ownership, 
legally acquired. 


See. 7. (R.58., Sec. 2662) Definitions—limitations—As used 
in this article, unless otherwise specifically restricted or enlarged, 
the words ‘‘herein’’ and ‘‘hereof’’ refer to the whole article; the 
words “‘person’’, ‘‘owner’’, ‘‘proprietor’’, ‘‘grantee’’, ‘‘lessee’’, 
or ‘‘licensee’’, include a firm,. association, corporation or muni- 
cipality, the word ‘‘department’’ means the department of agri- 
culture or its deputies, assistants, or employees; the word 
‘‘officer’’ includes every person authorized to enforce this article; 
_and whenever the possession, use, importation, transportation, 
storage, taxidermy for millinery purposes, sale, offering or ex- 
posing for sale of fish or game, song, insectivorous or other birds 
is prohibited or restricted, the prohibition or restriction shall 
when not specifically otherwise provided, extend to and include 
every part of such fish or game, song, insectivorous or other 
bird, and a violation as to each individual animal or bird or part 
thereof shall be a separate offense, and two or more offenses may 
be charged in the same complaint, information or indictment, 
and proof as to a part of an animal shall be sufficient to sustain 
a charge as to the whole of it; and violations as to any number 
of animals or birds of the same kind may be charged in the same 
county and published as a separate offense as to each animal. 


Sec. 8. (RB. S., Sec. 2663) Evidence—possession.—The pos- 
session at any time of fish or game, song, insectivorous or other 
birds unaccompanied by a proper and valid license, certificate, 
permit or invoice, as herein provided, shall be prima facie evi- 
dence that such fish or game, song, insectivorous or other birds 


_A0= 


was unlawfully taken and is unlawfully held in possession and 
it shall be the duty of every person having the possession or con- 
trol of fish or game, song, insectivorous or other birds, to produce 
the proper license, certificate, permit or invoice, when one is re- 
quired by this article, on demand of any officer, and to permit 
the same to be inspected and copied by him. 

Sec. 9. (R. S., Sec. 2664) Propagation Nothing in this 
article shall prevent the department from taking or authorizing 
the taking from any of the waters of this state, at any time and 
in any manner, any fish or spawn belonging to the state for the 
purpose of propagation or stocking other waters, or exchanging 
with the fish commissioner of other states or of the United 
States, but no such fish or spawn shall be taken or used for pro- 
pagation in, or stocking of any private lake except on payment 
therefor to the department, nor shall anything herein prohibit 
the purchase, sale and use of small fry and sieh eggs for stocking 
waters in this state, but no small fry or eggs of fish destructive 
of trout shall be placed in public waters where trout abound, 
without the consent of the department. The proceeds of all 
sales of such fish, spawn or eggs shall be paid to the state 
treasurer. 

Sec. 10. (R. 8., Sec. 2665) Arrest of corporation.—In case 
of a violation of this article by a corporation, the warrant of 
arrest may be served on the president, secretary, or manager in 
this state, or any general or local agent thereof in the county 
where the action is pending, and, upon the return of such war- 
rant so served, the corporation shall be deemed in court and 
subject to the jurisdiction thereof, and any fine imposed may 
be collected by execution against the property of such corpora- 
tion, but this section shall not be deemed to exempt any agent 
or employee from prosecution. 

Sec. 11. (R. S., Sec. 2666.) License—revocation.—If the 
holder of any license, certificate or permit shall persistently or 
flagrantly and knowingly violate or countenance the violation of 
any provisions of this article, such license, certificate or permit 
of the alleged violation and an opportunity afforded to appear 
and show cause against the same. 

Sec. 12. (Ch. 54, 2668) Killing, trapping or hunting musk- 
rats, mink or otter on lands of another.—It shall be unlawful for 


piggies —A1- 


‘any person between the 15th day of February and the Ist day 
of November next ensuing of each year, to trap, catch, kill or 
to pursue with such intent, on the premises of another, any fur 
bearing animal, to wit: Muskrat, mink, raccoon, opossum or 
otter; and it shall be unlawful for any person, at any time, to 
enter upon the premises of another, without his consent, with a 
view to trapping, hunting, killing, or pursuing with intent to 
kill, any such animal or animals; and it shall furthermore be 
unlawful for any person to enter upon the premises of another, 
without his consent, and destroy, tear down, or in any manner, 
injure the muskrat heaps or houses on such premises; any person 
offending against any of the provisions of this section shall be 
fined in any sum not exceeding twenty dollars for each offense: 
Provided, this section shall not be so construed as to prevent the 
catching and killing of any animals specified, where there is 
danger of their doing injury to property, either public or private. 


Sec. 13. (2669) Animals protected.—Whoever shall at any 
time of the year, or in any manner, pursue, take, wound or kill 
any elk, deer, antelope or beaver shall be fined not less than one 
hundred dollars nor more than three hundred dollars, or be im- 
prisoned in the jail, of the county not exceeding ninety days, or 
both; Provided, in cases where beaver are destroying trees and 
otherwise damaging property, the person actually owning or 
controlling the land upon which destruction or damage is being 
done shall, upon application to the department, be given a per- 
mit in writing to destroy or otherwise dispose of such animals. 
It shall be the duty of the department to issue such permit upon 
application, but such permit shall at no time authorize the kill- 
Ing, wounding, pursuing, trapping, destroying or taking of 
beaver upon lands which are not owned or controlled by the 
person to whom it is issued. 


Sec. 14. (2670) Birds and fish protected.—Whoever shall 
at any time of the year, or in any manner, pursue, take, wound 
or kill any turkey, prairie chicken, sage chicken, grouse, quail, 
pheasant, partridge, ptarmigan, wild duck, wild goose, brant, 
swan, crane, wild water-fowl, wild pigeon, dove, snipe, curlew, or 
any song, insectivorous or other bird, or any trout, white fish, 
orayling, sunfish, bass, catfish, walleyed pike, pickerel, croppie, or 
other food fish, or ship or sell, offer or expose for sale or have 


_42_ 


the same in his possession, except as permitted by law in this 
article, shall be fined five dollars for pursuing any of said birds, 
and five follars (dollars) for each bird or fish unlawfully killed, 
taken or wounded, or found in possession, or be imprisoned in 
the county jail not exceeding sixty days. 

Sec. 15. (2671) Consent of owner of lands.— Whoever shall 
shoot on or from a public highway at any song, game, insectivor- 
ous or other birds, or fish or hunt game on any land not public 
land, without the consent of the owner or person in charge of 
the same, or whoever shall fish or hunt in any private park, lake 
or preserve without the consent of the proprietor or per- 
son in charge of the same, shall be fined fine ($5.00) dollars 
for each offense, and no question of ownership, proprietorship: 
or charge shall defeat a prosecution unless it appears that the 
accused in good faith has theretofore claimed, and, at the time 
of the commission of the fact complained of claimed to be such 
owner, proprietor or to have such charge, or to have had the 
eonsent of the owner, proprietor or pee. in charge, and shall 
establish such a claim. 


Sec. 16. (2672) Explosives prohibited.—Whoever shall use 
any dynamite or other explosives, poisonous or stupefying sub- 
stance, in the taking or killing of any fish, or whoever shall place 
any dynamite or other explosive, poisonous or stupefying sub- 
stance in any water containing fish, shall, upon conviction; be — 
fined not less than one hundred ($100.00) dollars nor more than 
five hundred ($500.00) dollars, or be imprisoned in the Pos 3 
tiary not exceeding one year. 


Sec. 17. (2678) Unlawful to kill squirrels—Any person 
who shall pursue, take, wound, kill or have in his possession, 
other than by ownership legally acquired, any red fox or gray 
timber squirrels, except as hereinafter provided for, shall he 
deemed guilty of a misdemeanor, and upon conviction therefor 
shall be fined in the sum of five ($5.00) dollars for each offense: 
Provided, the months of October and November shall be the 
open season for squirrels. 


Sec. 18. (2674) Birds and eggs protected anu —It 


shall be unlawful for any person in the State of Nebraska to 
kill, injure or harm any robin, lark, thrush, blue bird, king bird, 


43 


wren, jay swallow, oriole, wood pecker, yellow hammer, cuckoo, 
yellow bird, bobolink, or other bird or birds of like nature that 
promote agriculture and horticulture by feeding on noxious 
worms and insects, or that are attractive in appearance or cheer- 
ful in song; Provided, hawks, and crows may be killed on one’s 
own premises. It shall also be unlawful for any person to de- 
stroy nests and eggs or carry away the eggs or young of any 
of the birds described in this section: Provided, schools, colleges 
and universities may, when authorized so to do by the department 
of agriculture, take or kill for educational or scientific purposes, 
not to exceed twenty-five in number of any one species or kind 
of birds protected by this section. Any person violating any of 
the provisions of this section shall be fined five ($5.00) dollars 
for each bird killed, injured, or harmed, and a like sum for each 
nest taken or destroyed. 


See. 19. (2675) Unlawful to destroy imported game birds. 
—Whoever shoots or otherwise destroys any English pheasant, 
China pheasant, Mongolian pheasant,, English partridge, Belgian 
partridge, English blackcock, or any other variety of imported 
game birds, within this state, shall be deemed guilty of a mis- 
demeanor and upon conviction thereof shall be fined in any sum 
not less than twenty-five ($25.00) dollars nor more than fifty 
($50.00) dollars or be imprisoned in the jail of the county not 
more than sixty days. — 

See. 20. (Ch. 55, Sec. 24, 1917) When lawful to hunt or 
fish—penalty.—The open seasons for hunting and fishing shall be 
as follows: 

1. For prairie chicken, sage chicken and grouse, from Octo- 
ber 15th to November 15th inclusive; 


2. For wild ducks, geese, brants, cranes and game water 
fowl, from September 16th to December 31st, inclusive; 


: 3. For jack-snipe, Wilson-snipe, killdeer and yellow-legs, 
from September 16th to December 31st, inclusive; 


4, There shall be no open season for doves or plover; 
.. §. For trout not less than eight inches in length, from May 
1st to October Ist, inclusive; 
6. For bass not less than eight inches in length, form (from) 
May lst to November 15th, inclusive; 


—44— 


7. All trout or bass less than eight inches in length must 
be returned alive to the water from which same were taken with 
as little injury as possible; 

8. For all other fish protected by this article the open sea- 
son shall begin April lst and end November 15th next ensuing. 


9. Except as otherwise provided in this article the right 
given by this section to take or kill game and fish is limited to 
food purposes and to ten wild geese or brant and ten prairie 
chickens or grouse and twenty-five game birds of any other 
variety and ten squirrels any twenty-five fish for each person in 
one calendar day; nor shall any person have in his possession at 
any one time more than ten wild geese or _brants, ten prairie 
chickens or grouse, or fifty other game birds, or twenty squirrels, 
not more than fifty fish. 


10. No game or fish protected by this article shall be held 
in possession by any person for more than five days after the 
close of the season for killing the same, except as in this article 
provided. . 


11. No game shall be pursued, taken, wounded, or killed 
one-half hour after sundown or before daylight; nor with a steel 
or hard pointed bullet, nor with any other weapon than an or- 
dinary shoulder gun or pistol. Nor shall any fish be taken or 
killed except in the ordinary manner with a line and rod or as 
herein otherwise provided, and the hook or hooks baited with 
natural or artificial bait; and the fishing with lines having more 
than five hooks thereon shall not be deemed the ordinary manner 
of fishing; nor shall any person fish within two hundred feet of 
any fishway; Provided, dogs, blinds and decoys may be used for 
hunting birds; Provided, further, carp, suckers, gars and buffalo 
fish may be taken with a spear during the open season herein- 
before provided. 


Whoever violates any of the provisions of this section shall 
be deemed guilty of a misdemeanor and upon conviction thereof 
shall pay a fine of five ($5.00) dollars for each bird, animal, or 
fish unlawfully taken, killed, wounded, or had in its, his or their 
possession, or be imprisoned in the jail of the proper county for 
a period not exceeding ten days for each bird, animal or fish un- 
lawfully taken, killed, wounded or had in its, his or their posses- 


AG 


sion. Provided, that any person convicted of a violation of this 
section the second time shall be confined in the county jail not 
to exceed thirty days nor less than ten days. 


There shall be no open season on quail, swan, white crane, 
Chinese pheasants or any other game birds of any variety or 
species imported into this state for the purpose of propagation. 


Sec. 21. (R.8., 2677) Unlawful fishing.—It is hereby de- 
elared unlawful to catch, kill or destroy any fish in any public 
water in this state other than by the use of hook and line, hav- 
ing not more than five hooks thereon; Provided, buffalo, carp 
and gar fish may be taken between the hours of sunrise and sun- 
set, with seine or net having a two-inch square mesh, during the 
months of June, July, August, September and October under the 
direction of the chief deputy of the department. Every person 
who owns or uses a seine or net as provided for in this section, 
shall procure a license from the department, which may issue 
such licenses. Such person shall be required, upon application 
for said license to furnish bond in the form of a certified check 
for the sum of one hundred dollars to guarantee the payment of 
any and all fines which may be imposed upon the holder of such 
license for the violation of any of the provisions of this section 
and such bond or certified check shall be held by the department 
until such fine or fines have been paid and until the expiration 
of said license. The department shall cause to be attached to 
each such seine or net, as provided for in this section, a metal 
tag having on one side the number of the license and the name 
of the state. The fee for such license shall be two dollars, pay- 
able in advance, and the license shall expire on the thirty-first 
day of October next ensuing the date of issue, or shall be re- 
voked for the violation of the provisions of this section. To vio- 
late any of the provisions of this section or to counterfeit such 
metal tag herein provided for in (is) hereby declared a mis- 
demeanor, and is punishable by a fine not exceeding one hundred 
dollars or by imprisonment in the county jail for a term not ex- 
ceeding sixty days or both. Public waters within the meaning 
of this section shall embrace all lakes, ponds, rivers, creeks, 
bayous and streams except artificial pond or ponds subject to 
the exclusive dominion of single ownership. Every seine, net 
or unlawful device used in violation of the provisions of this 


* 


Ei 


article by any person or persons, or found in any water in this 
state or in the possession of any person or persons intending to 
use the same, shall be declared a public nuisance and may be 
seized by any officer with or without a warrant and be destroyed; 
and it shall be the duty of every officer authorized to enforce the 
provisions of this section to seize and summarily destroy the 
same and no prosecution or suit shall be maintained for such 
destruction. In all cases under this section the constables and 
justices’ fees shall be the same as in other cases of misdemeanor. 
All constables, sheriffs, and county attorneys of this state are 
hereby empowered to and shall prosecute all offenders against 
this section. Provided, however, no hunting or fishing license 
shall be issued to any person not a citizen of the United States. 


Sec. 22. (2678) When lawful to use nets or seines.—In 
waters where White Buffalo, Suckers, Catfish, Garfish, Carp or 
Squaw Fish abound, the department may remove or cause to be 
removed said coarse fish excepting Catfish, if said coarse fish 
are a detriment or menace to the propagation and increase of 
game fish in said waters, and may sell such coarse fish for the 
purpose of defraying the expense of netting or seining. If there 
be any residue over the cost of netting or seining the same shall 
be paid into the game and fish commission cash fund for the 
purpose of restocking with game fish, the waters seined. In case 
any fish of any of the varieties protected by law be taken in any 
seine or net as provided above, they shall be immediately re- 
turned alive by the person using the seine or net, to the water 
from which they were taken. No person shall, without first pro- 
curing from the department a license, annually so to do, take 
any fish from the Missouri River with nets or seines. Before any 
such license shall be issued to a non-resident of the state of 
Nebraska, the applicant shall execute and deliver to the depart- 
ment a bond to the state of Nebraska in the penal sum of $200.00. 
with two sureties who shall each justify in the sum of $200.00 
in property in this state over and above all debts and liabilities. 
In leu of such bond such licensee may make a deposit of $200.00 
or provide a bond executed by any surety company authorized to 
do business in this state. The fees charged for such license shall 
be as follows: For each 500 lineal feet of seine, or fraction there- 
of, ten ($10.00) dollars; for each pound net having more than 


i Uy fon} 


100 feet lead on each side, four ($4.00) dollars; for each pound 
net having less than 100 feet lead on each side, one ($1.00) dol- 
lar; for each bait net, dip net, hoop net, and fyke net, fifty (50) 
cents; for each three hundred (300) lineal feet or trammel net 
used for floating fishing, five ($5.00) dollars. All such licenses 
or permits shall expire on the first day of January following 
their issuance. 


Sec. 23. (R. 8. 2679) Possession of game—penalty.—Any 
corporation, company, association, person or persons, or its, his 
or their officers, agents, servants, or employees, who shall have 
in its, his or their possession or control any grouse, pheasant, 
prairie chicken, quail, wild turkey, wild goose, brant, or any 
wild duck or any of the birds, animals or fish protected by this 
article except during such open season as may be provided by 
law, and the period of five days next succeeding the close of 
such season, or any corporation, company, association, person or 
persons, or its, his or their officers, agents, servants or employees 
who shall at any time or season of the year, sell, barter, or offer 
or expose for sale or barter, any wild elk, deer, or antelope, 
grouse, prairie chicken, quail, wild turkey, wild goose, brant, or 
any wild duck, or any of the birds, animals or fish except of the 
following varieties, sturgeon, buffalo, carp, suckers, cat fish, and 
gar fish, protected by this article, shall be deemed guilty of: a 
misdemeanor and upon conviction thereof shall be fined five dol- 
lars for each and every bird or fish unlawfully had in its, his or 
their possession or control, or sold, bartered or exposed or of- 


* fered for sale or barter and not less than twenty-five dollars nor 


more than one hundred dollars for each and every animal so un- 
lawfully sold, bartered or exposed or offered for sale or barter 
contrary to the provisions of the law. | 
Sec. 24. (R. 8., Sec. 2680) Non-resident license—penalty 
for violation.—It is unlawful for any person holding a non-resi- 
dent license as herein provided, to take out of the state more 
than fifty birds or twenty-five fish protected by the laws. of this 
state, in any one year: Provided, this section shall be construed | 
to mean that when fifty birds and twenty-five fish of any one 
kind or variety have been taken from the state by the holder of 
a non-resident license, further right to take any kind of birds 
or fish by the holder of said license shall cease. No transporta- 


ds FSi 


tion company or common carrier shall receive for transportation 
or shipment out of the state, any birds, fowls or animals pro- 
tected by the laws of the state, except when the same shall be 
in the personal possession of, or carried as baggage or express 
by the owners thereof, and such owner shall have in his posses- 
sion at the time of such taking out of the state a non-resident 
license duly issued to him under the provisions of law, and the 
number and kind of birds and fish so carried out of the state 
should be endorsed on the license of person entitled to take them 
out, and said persons shall accompany the said birds, fowls or 
animals on the same train or other conveyances of the common 
carrier beyond the borders of the state. Any person who shall 
violate any of the provisions of this section shall be punished by 
a fine of not less than fifty dollars nor more than one hundred 
dollars, or by imprisonment in the county jail not more than 
sixty days. 

Sec. 25. (R. 8S. 2681) Game protected—not found out of 
state—penalty.—It is unlawful for any person, a resident of this 
state, to ship or take within or without this state any birds, 
fowls, or animals protected by the laws of this state, except when 
accompanied by the same and in his possession on the same train, 
as provided for in this article. Any person who shall violate 
any of the provisions of this section shall be punishable by a fine 
of five dollars for each bird so shipped or taken, or by imprison- 
ment in the county jail not more than ninety days. 


Sec. 26. (R. 8S. 2682) Transportation—labels.—It is hereby | 
required that any and all packages containing fish or game shall — 
be labeled in plain letters on the address side of the package, so 
as to disclose the fact that said package contains fish or game, 
and the amount of said fish or game so contained in said pack-. 
age. Any person who shall deliver to a common earrier for 
transportation any package or parcel containing fish or game 
which said package or parcel shall not be so labeled as herein 
required, or who shall place upon said package or parcel a false 
statement as to the contents thereof, shall be punished: by fine 
of not less than twenty-five follars (dollars) nor more than one 
hundred dollars, or by imprisonment in the county jail not more 
than thirty days. 


—49- * 


Sec. 27. (R. 8S. 2683) Same—name—address—description. 
—KEvery person delivering to a common carrier a package or 
parcel containing fish or game, shall place upon said package 
the name and address of the owner or consignor of said package 
or parcel, and also place upon such package a description of the 
contents thereof, containing the number of birds or animals of 
each kind and the number of fish of each variety. Any person 
violating the provisions of this section shall, upon conviction 
thereof, be punished by a fine of not less than ten dollars nor 
more than fifty dollars. 


Sec. 28. (R. S. 2684) Same—common carriers—duties.— 
It shall be unlawful and is hereby prohibited for any common 
carrier or agent, servant or employee of a common earrier, to 
receive for transportation or to transport any package or parcel 
containing fish or game unless the same shall be labeled as pro- 
vided in the two preceding sections. Any person, firm or cor- 
portation violating the provisions of this section shall forfeit to 
the State of Nebraska a sum not less than twenty-five dollars 
nor more than one hundred dollars. 


Sec. 29. (R. S. 2685) Importing game.—It shall be unlaw- 
ful for any person, firm or corporation acting as common carrier 
to bring into this state any fish or game from any state during 
the time that such other state prohibits the transportation of 
such fish or game from such state to a point without the same. 
Any person, firm or corporation violating the provisions of this 
section shall forfeit to the state the sum of not less than twenty- 
five dollars nor more than one hundred dollars. 


See. 30. (R. 8S. 2686) Same.—lIt shall be unlawful for any 
person, firm or corporation or common earrier to ship into or 
through this state from any other state any fish or game pro- 
hibited by the laws of said state to be shipped or transported 
and it shall be the duty of the secretary to seize, hold and dis- 
‘pose of, according to the laws of this state, any fish or game 
brought into or shipped into this state, or carried through, or 
attempted to be carried through this state, prohibited to be so 
shipped or transported by the laws of any other state, and fur- 
ther to dispose of the same according to the laws of this state. 
Any person, firm or corporation violating the provisions of this 


: —50- 


section shall upon conviction thereof be fined in any sum not 
‘less than twenty-five dollars nor more than one hundred dollars. 


Sec. 31. (R. 8S. 2687) Transportation of game during closed 
season._—Any person, company: or corporation, or any agent or 
servant of the same who shall, for compensation or otherwise, 
transport or offer to receive for shipment or transportation any 
animal, fish, fowls or birds for which a closed season is provided 
for by law, during such closed season, or who shall transport or 
offer to receive for shipment or transportation to any place be- 
yond this state any animals, fish, fowls or birds for which an 
open season is provided by law, during such open season, except 
as provided in section twenty-five of this article shall forfeit not 
less than twenty-five dollars nor more than one hundred dollars 
for each such violation to be recovered in a civil action brought 
in the name of the department of agriculture. The possession 
of any such animals, fowls or birds during the closed season 
therefor, for a shipment or in transmit, shall be prima facie evi- 
dence of the violation of this section; Provided, however, game. 
and fish lawfully killed or taken during the open season may 
be lawfully carried out of the state any time during the five days 
next following the end of such open season, under the provisions 
and restrictions hereinbefore provided. It shall be the duty of 
every person, whenever any animal, fish or game of any of the 
kinds, the taking, catching or killing of which is prohibited by 
law at any or all times (except during the periods in which the 
same may be lawfully taken, caught or killed), is offered to him 
for transportation out of the state, to at once notify and give 
full particulars concerning such offer and by whom made, to the 
department of agriculture. All sections of this article relating 
to the having in possession or under control, or the sale, ship- 
ment or transportation of any animal, fish, water-fowl or bird, 
shall be construed to include any and all parts of the flesh meat 
thereof. : 

Sec. 32. (R. 8S. 2688) Storage—It shall be unlawful to 
store or to receive for storage any game or fish within this state 
except as follows, to-wit: 

First: . During the open season for such game or fish or for 
five days thereafter, when the same is stored for the person law- 
fully in possession thereof. 


Fy al 


Second: At any time of the year when the same has been 
lawfully imported into this state. Whoever violates any of the 
provisions of this section shall upon conviction thereof be fined 
in any sum not less than fifty dollars nor more than one hundred 
dollars, or be imprisoned in the jail of the proper county not 
exceeding ninety days. 


See. 33. (R. 8S. 2689) When game or fish named on menu 
—penalty.—No game or fish shall be held in possession of or 
placed upon the table of any hotel, restaurant, cafe, or boarding 
house, or named on its menu or bill of fare as food for its patrons, 
either under the name used in this article or under any other 
name or guise whatever except during the open season therefor 
and for the period of five days thereafter ; 


Provided, game and fish confiscated under the provisions of 
this chapter shall be delivered to one or more of the public in- 
stitutions for the care of the unfortunate, or other charitable 
institutions. Whoever violates any of the provisions of this sec- 
tion shall upon conviction thereof, be fined in any sum not ex- 
eeeding one hundred dollars or be imprisoned in the jail of the 
proper county not exceeding thirty days. 


See. 34. (R. 8. 2690) Same—evidence.—The naming of 
game or fish upon any such menu as food for patrons shall be 
prima facie evidence of the possession of the same by the pro- 
prietor of such hotel, restaurant, cafe or boarding house. Noth- 
ing in this chapter shall be construed to prohibit the storage, 
transportation or use of any fish lawfully imported into this state. 


Sec. 35. (R. S. 2691) Confiscation of nets—EHvery net, 
seine, trap, explosive, poisonous or stupefying substance or de- 
vice used or intended for use in taking or killing game or fish 
in violation of this article, is hereby declared to be a public 
nuisance and may be abated and summarily destroyed by any 
person, and it shall be the duty of every such officer authorized 
to enforce this article to seize and summarily destroy the same, 
and no prosecution or suit shall be maintained for such destruc- 
tion; Provided, nothing in this article shall be construed as af- 
fecting the right of the department to use such means as may be 
proper for the promotion of game and fish propagation and cul- 
ture, nor as authorizing the seizure or destruction of firearms 


ny ees 


except as hereinafter provided; and, provided further, it shall 
be lawful to take minnows of any variety not protected by law 
for bait in the shallow waters of this state with nets or seines 
not exceeding twenty feet in length and three feet in depth, and 
nets and seines of such description are excepted from the opera- 
tion of this section. 


Sec. 36. (R. 8. 2692) Disturbing hatching pond, ete.—It 
shall be unlawful for any person or persons to injure, disturb, 
or destroy any hatching box, hatching house, or pond used for 
hatching or propagating fish, or to injure or destroy or disturb 
any spawn or fry, or fish in any hatching box, hatching house or 
pond, or stream; Provided, the department may take or cause 
to be taken any of the fish named in this section for the purpose — 
of propagation, or stocking the waters of this state. Every per- 
son violating any provisions of this section shall be guilty of a 
misdemeanor, and punished by a fine of not more than ten dollars 
for each fish taken or held in possession, or other offense under 
this section, or by imprisonment in the county jail not more than 
ten days. 


Sec. 37. (R. 8S. 2693) Material used in hunting or fishing 
unlawfully—forfeited.— All guns, ammunition, dogs, blinds, and 
decoys and any and all fishing tackel, in actual use by any per- 
son or persons while hunting or fishing in this state without 
license or permit, when such license or permit is required by law, 
is hereby declared to be a public nuisance and shall be forfeited 
to the state in a proper civil action and sold in the manner pro- 
vided for the sale of property on execution and the proceeds 
thereof paid to the county treasurer; and it is made the duty 
of the department and every officer charged with the enforce- 
ment of this article to enforce this section by seizure of the same 
and by commencing the proper action. 


Sec. 38. (R. 8S. 2694) Private fish ponds protected.—It 
shall be unlawful for any person to catch, interfere with, injure 
or in any manner destroy, or maliciously disturb to the damage 
of the private property, of another, the fish in or work connected 
with, any private fish pond not exceeding ten acres in this state. 
Any person or persons violating the provisions of this section 
shall be fined in any sum not less than ten dollars nor more than 


bt 


one hundred dollars; and it shall be unlawful for any person to 
take up, remove or clear away any fish net, fish lines, or fish 
pond placed or put in the waters of any lake, pond, or reservoir 
contrary to the provisions of this article. 


Sec. 39. (R. 8S. 2695) Non-resident license—how issued.— 
The department of agriculture shall, upon application and the 
payment to the state treasurer of the fee required, issue to any 
non-resident of this state, a license authorizing such licensee in 
person within this state to hunt for and kill game and to fish for 
and take fish, during the open season for such game and fish, and 
to have in his possession and dispose of the same subject to all 
of the restrictions imposed by this article; Provided, the depart- 
ment may deliver to the county clerks of the several counties 
blank licenses bearing his signature or a facsimile thereof, and 
the same may in such ease be issued by such clerks in the name 
of the department upon the terms and conditions above pre- 
seribed. All blank licenses delivered to the several county clerks 
shall’ be numbered by the department and when such license: 
shall have been issued by the county clerk of any county as 
herein provided, he shall immediately notify the state treasurer 
by mail stating the number of such license, the name and resi- 

dence of the licensee and the date when issued and shall remit 
the license fee to said state treasurer, who shall keep a record 
of all licenses issued under this article which shall be open for 
inspection as in case of other public records of the state. 


Sec. 40. (R. 8S. 2696) Non-residents hunt or fish without 
license—penalty.—It shall be unlawful for any person not a bona 
fide resident of this state to pursue, hunt, kill or wound within 
this state any of the animals, birds or fish, or to fish for, or take 
out of this state any of the birds or fish protected herein, except 
in accordance with the provisions thereof and without first hav- 
ing procured a license therefor as in this article provided. Who- 
ever violates the provisions of this section shall be punished by 
a fine not exceeding one hundred dollars or by imprisonment in 
the jail of the proper county not exceeding sixty days for each 
of such offenses. And for the purpose of this section every such 
unlawful shipment, or offer for shipment and such unlawful hunt- 
ing and fishing in each calendar day, shall be deemed a separate 
offense. 


—54— 


Sec. 41. (R. 8S. 2697) Residents must have license—penalty. 
—Except as otherwise provided in this article, it shall be unlaw- 
ful for any resident of this state without having first procured a 
license therefor, to hunt or fish or to pursue any of the birds or 
animals protected by this article within this state; Provided, the 
license shall authorize such person to fish and hunt within any 
county of the state; and provided further, any person may, dur- 
ing the open season as herein defined, hunt and fish upon lands 
or upon or within waters which such person actually owns or upon 
lands on which such person actually resides, without being re- 
- quired to procure such license and also that all honorably dis- 
charged soldiers and sailors of the Civil War, all female persons, 
and all boys under the age of 18 years, be permitted to fish and 
that all boys under the age of 18 years, if accompanied by parents 
or guardians, be permitted to hunt without being required to pro- 
eure a license. Any person violating any of the provisions of 
this article shall be deemed guilty of a misdemeanor and upon 
conviction thereof shall be fined in any sum not exceeding fifty 
dollars, or be imprisoned in the jail of the proper county for a 
term not exceeding thirty days. 


Sec. 42. (R. S. 2698) When license issued.—The license 
required by the last preceding section shall upon the payment 
of the fee hereinafter named therefore, be issued to any resi- 
dent of this state in like manner, by the same officer and subject 
to like conditions as in case of licenses to non-residents of this 
state. 


Sec. 48. (R. 8S. 2699) Transportation—fine——The holder 
of any license authorizing him to ship or transport game or fish 
to any point outside of this state shall, upon offering any such 
game or fish for shipment to any common e¢arrier present to the 
agent, servant or representative of such carrier a true invoice 
of such shipment showing the number and kind of birds and the 
number and variety of fish, thereof and shall at the same time 
deliver to such agent, servant or representative his license issued 
pursuant to law and such agent, servant or representative shall 
at the time of receiving such consignment of game or fish, en- 
dorse upon the license with ink, the date of the receipt of such 
consignment with the number and varieties of such game or fish 
so shipped or offered for shipment, together with the name of 


Bla 


the consignee and the point to which consigned. Every person 
shipping or offering for shipment or receiving as consignee or 
as agent, servant or representative of any common carrier any 
game or fish in violation of this article shall, upon conviction 
thereof be fined in any sum, not exceeding one hundred dollars 
or be imprisoned in the jail of the proper county not exceeding 
sixty days. And every common earrier receiving for shipment 
or transportation any game or fish in violation of this section 
shall pay to the State of Nebraska not less than nee dollars nor 
more than one hundred dollars. 


See. 44. (R. S. 2700) Same—The corporate authorities 
of any county, city or village, within whose territorial jurisdic- 
tion such fine was recovered when such fines are collected, shall 
pay to the complaining witness in such prosecution, out of the 
general fund of such county receiving such fine, an amount equal 
to one-half of the fine actually collected, upon the proper appli- 
cation of the party entitled to the same, in the manner usual for 
the presentation of claims against counties. 


Sec. 46. (R. S. 2701) License fees.—The state treasurers 
shall charge for and collect in advance for services required by 
this article which shall be disposed of as hereinafter provided, 
viz: For license to hunt and fish in this state issued to a non- 
resident of Nebraska, ten dollars; for each license issued to a’ 
resident of this state, one dollar; Provided, where a non-resident 
of this state desires to fish only in this state, then the said treas- 
urer shall charge but two dollars therefor. 


Sec. 46. (R. 8S. 2702) Same—disposition.—All moneys de- 
rived from licenses and permits issued pursuant to this article 
shall by the state treasurer be paid over for the use of the school 
fund of the state. 


See. 47. (R. S. 2703) Same—expiration.—All licenses is- 
sued pursuant to the provisions of this article shall expire on 
the 3lst day of December next succeeding the date of their is- 
suance. 


Sec. 48. (RS. 2704) Prosecutions.—It is hereby made the 
duty of all county attorneys of this state to see that the pro- 
visions of this article are enforced in their respective counties, 
and they shall prosecute all offenders on receiving information 


Sh Ge 


of the violation of any of the provisions herein; and it is made 
the duty of all sheriffs, deputy sheriffs, constables, and police 
officers to inform against and prosecute every party or parties, 
person or persons, whom there is reasonable or probable cause 
to believe are guilty of violating any of the provisions of this 
article. Any county attorney, sheriff, deputy sheriff, constable 
or police officer who shall fail, neglect, or refuse to discharge 
the said duties hereby imposed on such officer, respectively, shall 
be deemed guilty of a misdemeanor, and on conviction, be fined 
not less than twenty-five dollars nor more than one hundred 
dollars for each offense. 

Sec. 49. (R. S. 2707) Fish in irrigating waters—protec- 
tion.— or the purpose of protecting the game fish in the streams 
or rivers, and reservoirs of this state whose waters are used 
for purposes of irrigation, it is hereby made the duty of the de- 
partment to cause to be placed and maintained, at the mouth of 
every irrigation ditch, designated by him, and which opens into 
any such stream or river or reservoir containing trout, bass, 
croppie and pickerel, in this state, a woven wire fish screen hav- 
ing a mesh no larger than one inch. 

See. 50. (2708 and 9) Screen—notice—construction—vio- 
lation.—The department upon ascertaining what ditch or ditches 
are necessary to be screened at their mouth, shall give immediate 
notice in writing to the person, firm or corporation, owning, 
operating or controlling any such ditch or ditches, such notice 
shall set forth the size of the woven wire screen necessary to be 
set in place at the mouth of the ditch or ditches, and the mesh 
of such screen shall be no larger than one inch and shall be so 
placed and maintained at the mouth of each irrigation ditch 
designated by the department, the proper woven wire screen. 
For each day’s failure to keep such sereens in repair, and for 
each day’s neglect, after the twentieth day, to comply with the 
said written notice, there shall be a fine of one dollar for each 
such day, such fine and costs to be collected in any court of 
competent jurisdiction and the amount of such fine shall be paid 
over to the county treasurer for the use of the school fund. 

Sec. 51. Game and bird reserves—regulation.—Every school 
section and other tract of educational land, within the state, 
whose title is vested in the State of Nebraska, is hereby declared 


a5]. 


to be a game reserve and bird refuge. Other game reserves and 
bird refuges or reservations may be established by the depart- 
ment of agriculture in any county where they shall be deemed 
necessary for the protection and propagation of game, or as a 
refuge or sanctuary for song and insectivorous birds. The land 
for such reserve or reservation established by the department 
of agriculture, shall be leased at a nominal rental of one dollar 
per year for each parcel. On every reserve or bird refuge the 
department may have planted suitable grain or other food for 
birds and game, not to exceed five acres for each 640 acre reserva- 
tion, and for each such parcel so planted the department may, 
if required so to do, pay a rental not to exceed the usual rent 
of similar land in the vicinity or locality. 


Sec. 52. Notice required to be posted on game and bird re- 
serves—form.—At each section corner and in full sight-of the 
traveled highway at each game reserve or bird refuge shall be 
placed, by the department of agriculture, a conspicuous, perman- 
ent sign as follows: 


STATE OF NEBRASKA 
GAME AND BIRD RESERVATION. 
HUNTING OR DESTROYING GAME AND BIRD LIFE 


PROHIBITED AND PUNISHED. 
NEBRASKA DEPARTMENT OF AGRICULTURE. 


with such other notice as the department of agriculture shall 
deem advisable. Anyone defacing or removing such signs shall 
be fined not less than ten dollars nor more than fifty dollars for 
each offense. 


See. 538. Unlawful hunting of birds—violation—penalty.— 
It shall be unlawful to hunt, trap or ensnare in any way any 
game or birds within such reservation or to take or destroy the 
nests or eggs of any wild birds or game in such refuge or reserva- 
tion; and any person guilty of violation shall be subject for each 
offense to a fine of not less than fifty dollars nor more than one 
hundred dollars and the costs of prosecution, and shall stand 
committed to the county jail until such fine and costs are paid: 
Provided that such imprisonment shall not exceed ten days. 


=5R 
ARTICLE V. 


PURE FOOD 


Section 1. Department of Agriculture to enforce.—The de- 
partment of Agriculture shall enforce the pure food laws. 


Sec. 2. Governor employ assistants.—Ior the purpose of 
enforcing regulation and inspection the governor is authorized 
to appoint such inspectors and assistants as are necessary there- 
for. . 

See. 3. (2586) Adulterations.—An article shall be deemed 
to be adulterated : 


A. In ease of drugs: 


1. If when a drug is sold under or by the name recognized 
in the United States Pharmacopoeia or National Formulary, it 
differs from the standard of strength, quality or purity as deter- 
mined by the test laid down in the United States Pharmacopoeia 
or National Formulary official at the time of investigation: Pro- 
vided, no drug defined in the United States Pharmacopoeia or 
National Formulary shall be deemed to be adulterated under this 
provision if the standard of strength or purity be plainly stated 
upon the bottle, box or other container thereof although the 
standard may differ from that determined by the test laid down 
in the United States Pharmacopoeia or National Formulary ; 


2. If its strength or purity fall below the professed stand- 
ard or quality under which it is sold. 


B. In the case of confectionery: If it contain terra alba, 
barytes, tale, chrome yellow, paraffin or other mineral substance 
or poisonous color or flavor, or other ingredient deleterious or 
detrimental to health, or any vinous, malt or spiritous liquor or 
compound or narcotic drug. : 


C. In the case of ice cream: If it does not contain at least — 
fourteen per cent butter fat, finish, and of fruit cream twelve 
per cent butter fat, finish, and if it contains any ingredient de- 
leterious or detrimental to health. 


D. In ease of food: 


I. If any substance has been mixed or packed with it so as 
to reduce or lower or injuriously affect its quality or strength: 


ON 


Ben AD aly: substance has been substituted wholly or in part 
for the article; 


3. If any valuable constituent of the article has been wholly 
or in part abstracted ; 


4. If it be mixed, colored, powdered, coated or stained in 
any manner whereby damage or inferiority is concealed; 


do. If it contain any added poisonous or other added deleter- 
ious ingredient which may render such article injurious to health: 
Provided, when in the preparation of food products for shipment 
they are preserved by an external application applied in such 
manner that the preservative is necessarily removed mechanically, 
or by maceration in water, or otherwise, and directions for the 
removal of such preservative shall be printed on the covering 
of the package, the provisions of this article shall be construed 
as applying only when said products are ready for consumption; 


6. If it consist in whole or in part of a filthy, decomposed 
or putrid animal or vegetable substance, or any portion of an 
animal unfit for food, whether manufactured or not, or if it is 
the product of a diseased animal, or one that has died otherwise 
than by slaughter. 


See. 4. Articles misbranded.—The term ‘‘misbranded”’’ as 
used herein; shall apply to all drugs, or articles of food, or 
articles which enter into the composition of food, the package 
or label of which shall bear any statement, design or device re- 
garding such article or the ingredients or substances contained 
therein which shall be false or misleading in any particular, and 
to any food or drug product, which is falsely branded as to the 
state, territory, place or country in which it is manufactured 
or produced. 


An article shall also be deemed to be misbranded: 
A. In the case of drugs: 


1. If it be an imitation of or offered for sale under the 
name of another article; 

2. (Ch. 51, R. S. 1917) If it shall be labelled or branded 
so as to deceive or mislead the purchaser or purport to be a 
foreign produce when not so, or if the contents of the package 
as originally put up shall have been removed, in whole or in 


REO 


part, and other contents shall have been placed in such package, 
or if the package fail to bear a statement, on the label, of the 
quantity or proportion of any alcohol, morphine, opium, cocaine, 
heroin, alpha or beta, encaine, chloroform, cannadis indica, 
chloral-hydrate or acetanelide, phenacctine (acetphenetidine), 
antipyrine, or any other of the coal tar preparations, belladonne, 
or any derivative or preparation of any such substance contained 
therein ; ‘ 

3. If its package or label shall bear or contain any state- 
ment, design or device regarding the curative or therapeutic ef- 
fect of such article or any of the ingredients or substances con- 
tained therein, which is false or fraudulent. 


B. In the case of food: 


1. If it be an imitation of or offered for sale under the 
distinctive name of another article; 


2. If it be labeled or branded so as to deceive or mislead. 
the purchaser or purport to be a foreign produce when not so, 
or if the contents of the package as originally put up shall have 
been removed in whole or in part and the other contents shall 
have been placed in such package, or if it fails to bear a state- 
ment, on the label, of the quantity or proportion of any alcohol 
in excess of one-half of one per cent; 


3. If in package form, if each package, except canned corn, 
does not have a correct statement, clearly printed on the outside 
of the package, of the contents and the quantity of the contents 
in terms of weight, measure, or numerical count; and in ease of 
wheat flour the name of the manufacturer and the place where 
manufactured, provided however, that the provisions of this 
paragraph shall not apply to packages put up by the retailer 
at the time of sale. 


4. If the true quantity in container (in case of liquids other 
than medicines) is not correctly stated thereon. 


dD. If the package containing it or the label thereon shall 
bear any statement, design or device regarding the ingredients 
or the substances contained therein, which statement, design or 
device shall be false or misleading in any particular; 


6. If, in case of food products, there be contained in the 
package any gifts, premiums or prizes; 


eee 


An article of food which does not contain any added poison- 
ous or deleterious ingredients shall not be deemed to be adulter- 
ated or misbranded in the following cases: 

1. In ease of compounds, imitations and blends which may 
be now or from time to time hereafter, known as articles of food, 
under their own distinctive names, and not an imitation of, or 
offered for sale, under the distinctive name of another article, 
if the name be accompanied on the same label or brand with a 
statement of the place where said article has been manufactured 
or produced, the net weight or measure of contents: 


2. In ease of articles labeled, branded or tagged so as to 
plainly indicate that they are compounds, imitations or blénds, 
and the word ‘‘compound,’’ ‘‘imitation,’’ or ‘‘blend,’’ as the case 
may be, and the ingredients composing said article are plainly 
stated in the package in which it is offered for sale. The term 
‘‘blend’’ as used herein shall be construed to mean a mixture of 
like substances, not excluding harmless coloring or flavoring in- 
eredients used for the purpose of coloring and flavoring only. 


3. In ease of wheat flour made from a mixture of different 
kinds of wheat, if branded ‘‘Blended’’ and if the different kinds 
of wheat used in its manufacture are plainly stated on the pack- 
age by classes. 


For the purpose of this article all kinds of wheat are divided 
into five classes, as follows: Hard spring, hard winter, soft spring, 
soft winter and durum. Nothing herein shall be construed to 
prevent the manufacture and sale by the manufacturer within 
this state of any kind of flour which is shipped outside of the 
state, nor to apply to the compounding of family or domestic 
receipts, the dispensing of prescriptions, written by regular 
licensed physicians, veterinary surgeons or dentists and kept on 
file with the dispensing pharmacist, nor to such drugs as are 
recognized in the United States Pharmacopoeia, the American 
Homeopathic Pharmacopoeia and the National Formulary, and 
which are sold under the name by which they are recognized, 
nor as requiring or compelling proprietors or manufacturers of 
proprietary foods which contain no unwholesome, added or de- 
leterious ingredient to disclose their trade formulas, except inso- 
far as the provisions of this article may require to secure freedom 


Teper 


from adulteration or misbranding, nor to prevent the manufac- 
ture and sale, within this state, of flour bleached with nitrogen 
peroxide. 

Sec. 5. (25385) ‘‘Drug’’—‘‘Food’’ defined.—The term 
‘“‘Drug’’ as used in this article shall include all medicines and 
preparations recognized in the United States Pharmacopoeia or 
National Formulary for internal or external use, and any sub- 
stance or mixture of substances intended to be used for the cure, 
mitigation, or prevention of disease of either man or animals. 
The term ‘‘food,’’ as used herein shall include all articles used 
for food, drink, confectionery or condiment by man or animals, 
wh®éther simple, mixed or compound. | 

Sec. 6. (Ch. 51 Laws 1917). Inspection of foods—When- 
ever the department of agriculture or any officer, employee, in- 
spector or assistant of the department shall be of the opinion 
that any liquors, beverages, medicines, remedies, foods, drugs, 
or substitutes therefor or imitations thereof are kept or exposed 
for sale or held in the possession or under the control of any per- 
son in violation of the provisions of this Article the department 
or such officer, employee, inspector or assistant of the depart- 
ment is authorized upon paying or offering to pay to the person 
entitled thereto the full value thereof, to seize and take posses- 
sion of one or more samples of such articles, such sample or 
samples shall be sealed by the inspector and analysis shall there- 
upon be made by the department. If on inspection or analysis 
such sample or samples are found to be adulterated or misbranded 
within the meaning of this Article the remainder of such articles 
may be seized by the department. One sample shall be preserved 
in the laboratory of the department and shall be delivered to 
the person from whom it is taken or to his agent or attorney 
upon application. Any person who shall obstruct the depart- 
ment or any officer, employee, inspector or assistant thereof by 
refusing to allow entrance into any place for the purpose of 
earrying out the provisions of this section or by refusing to de- 
liver samples as herein required, when the same are requested 
and the value tendered, shall be subject to the penalties here- 
inafter provided. 

Sec. 7. (2534) Violation—Prosecution.—If it shall appear 
from a chemical analysis that any of the provisions of this article 


265 


have been violated the department of agriculture shall certify 
the facts to the proper county attorney with a copy of the re- 
sults of the analysis. 


Sec. 8. (R. 8. 2588) Guarantee.—No dealer shall be prose- 
euted under the provisions of this article when he can establish 
a bona fide guarantee signed by the wholesaler, jobber or manu- 
facturer in this state, from whom he purchased such articles, 
that they are not adulterated or misbranded within the meaning 
of this article, designating it, and that he has no knowledge of 
such adulteration or misbranding at the time they were pur- 
chased: Such guaranty shall contain the name and address of 
the vender who shall be amenable to the prosecutions, fines, and 
other penalties to which the purchaser would otherwise be 
amenable. 


See. 9. (2589) Articles condemned—disposition.—Any ar- 
ticle of food or drug, as defined in this article, which is con- 
demned as being adulterated or misbranded, unclean, unwhole- 
some or of poisonous or deleterious character, within the mean- 
ing of this article, shall be disposed of by destruction or sale, 
as the court before whom the person or persons, was or were 
convicted, may direct, and proceeds of such condemned article, 
if sold, less the legal costs and charges, shall be paid into the 
treasury of the state, but such article shall not be sold to be used 
eontrary to any laws of this state. 


See. 10. Unlawful acts——No person shall, within this state, 
manufacture for sale therein or have in his possession with in- 
tent to sell, offer or expose for sale, or sell any liquors, beverages, 
remedies, medicines, or articles of food or drug which are adul- 
terated or misbranded within the meaning of this title. 


See. 11. (2552) Violation—penalty.—Any person, firm or 
corporation, violating any of the provisions of this article shall 
be guilty of a misdemeanor, and upon conviction thereof, shall 
be fined in a sum not less than ten ($10.00) dollars nor more 
than one hundred ($100.00) dollars, or imprisoned in the county 
jail not exceeding three months. 


Wei 
ARTICLE VI. 


DAIRY INDUSTRY 


Section 1. Department of Agriculture to enforce.—The De- 
partment of Agriculture shall enforce the provisions of this 
Article. It shall make or cause to be made all necessary examina- 
tions and shall have authority to promulgate such rules and 
regulations as are necessary to promptly and effectively enforce 
the provisions of this Article. 


See. 2. Definition of terms.—For the purpose and within 
the meaning of this Article milk is the lacteal secretion obtained 
from the complete milking of cows. Skimmed milk is milk from 
which substantially all of the milk fat has been removed. Cream 
is that portion of the milk rich in milk fat which rises to the 
surface of the milk on standing, or is separated from the milk 
by centrifugal force. When construing and enforcing the pro- 
visions of this Article, the act, omission, or failure of any officer, 
agent, or other person acting for or employed by any individual 
or by any corporation, partnership, society, or association, within 
the scope of his employment or office, shall in every case be also 
deemed to be the act, omission, or failure of such individual, cor- 
poration, partnership, society, or association, as well as that of 
such officer, agent or other person. 


Sec. 3. Unlawful acts.—No person shall sell or deliver for 
consumption as milk or cream, or have in his possession with in- 
tent to sell or deliver for consumption as milk or cream: (A) 
Milk to which water or other foreign substance has been added; 
(B) Milk containing less than three per cent of milk fat as de- 
termined by the Babcock Test for butter fat; (C) Skimmed milk 
which has not been pasteurized or made from pasteurized milk, 
or which is not labelled ‘‘Skimmed Milk’’; (D) Skimmed milk 
to which water or any foreign substance has been added, or 
which does not contain at least 9.25% of milk solids as deter- 
mined by drying to constant weight at the temperature of boiling 
water; (EK) Milk or cream containing, or which has been ex- 
posed to,.any disease producing bacteria; (I) Milk or cream 
which has been produced, stored, handled, or transported in any 
unclean or insanitary manner; (G) Milk or cream, the container 


=65= 


of which is labeled or branded so as to deceive or mislead the 
purchaser; (N) Milk or cream which has been homogenized or 
emulsified, unless it is plainly and conspicuously labeled: ‘‘ Homo- 
genized’’ or ‘‘Emulsified’’ as the case may be; (J) Cream which 
contains less than 18% of butter fat. Provided nothing in this 
Article shall be construed to prohibit the sale, when labeled so 
as to show its true character, of either (1) sour milk or sour 
eream; or (2) buttermilk. 


Sec. 4. Same—unlawful acts continued.—No person shall 
sell, offer or expose for sale, exchange, or deliver any milk or 
-eream which has been taken from any animal having any disease 
or sickness or from any animal, during the period of fifteen days 
preceding parturition, or within such time thereafter as the milk 
is abnormal; or from any animal which has been fed unwhole- 
some food, or has had access to contaminated water; or from 
any animal kept in a crowded or unhealthful condition, milk 
from any animal which has not been examined within not to ex- 
ceed one year previously, by a duly licensed veterinarian and 
certified by him to be free from disease, shall be pasteurized be- 
fore being offered for sale. 

See. 5. Sale of milk or cream—license required.—No person 
shall sell, or deliver, or have in his possession, with intent to sell 
or deliver, milk or cream without first obtaining a license from 
the Department of Agriculture or its Secretary. . The fee for 
such license shall be one dollar for each place from which sale 
or delivery is made, and each license shall expire July Ist, next 
after its issue and shall not be transferable. No license shall be 
issued for less than one dollar. Each license shall be numbered . 
and shall contain the name and place of business of the licensee 
and the number of vehicles and places to be used. The name of 
the dairy, or the name of the person, firm, or corporation to whom 
the license is issued, shall appear on both sides of each vehicle 
in letters not less than two inches in height and plainly eligible. 
Any sale from a vehicle not so inscribed shall be deemed a viola- 
tion of this Article. The foregoing provisions of this section 
shall not apply to the sale of milk or cream when said milk or 
cream is sold only to a manufacturing establishment to be con- 
verted into food products other than milk or cream, nor to the 


Bes 


sale of any milk or cream which is entirely the product of a herd 
of five cows or less. 


Sec. 6. Refusal and revocation of licenses.—The Department 
of Agriculture may withhold a license from any applicant there- 
for whom it may deem unworthy and may revoke any license is- 
sued to an owner who has violated the terms thereof, or who 
has failed to comply with any requirement of this Article, or 
refuse or fail to obey its lawful request or direction, and every 
conviction of the licensee for an offense punishable under this — 
Article shall be sufficient grounds for such revocation. 


Sec. 7. Containers required._—_No person shall sell or deliver, 
or have in his possession with intent to sell or deliver, to the 
consumer, any milk or cream not in bottles or other suitable 
container effectively sealed to exclude dust and other contamina- 
tion. 


Sec. 8. Operation of creameries and cheese factories—license 
required.—F'or the purpose and within the meaning of this Article 
the word creamery is defined as a factory where cream, with or 
without the addition of salt and coloring matter, is churned into 
butter. The term cheese factory is defined as a factory where 
milk, skimmed milk, or cream, with or without the addition of 
salt or coloring matter, is ‘manufactured into cheese. No person 
shall operate a creamery, cheese factory, or milk condensing 
plant; or manufacture ice cream for sale, except churches or 
benevolent organizations in society or special benefit entertain- 
ments, without first procuring a license from the Department of 
Agriculture or its Secretary. The fees charged for licenses shall 
be as follows: For each creamery or cheese factory which pro- | 
duces 100,000 pounds or less, per annum, of butter or cheese, 
$10.00, and an additional tax of $2.00 on each additional 100,006 
pounds or fraction thereof, per annum; for each milk condensing 
plant $10.00; for each wholesale manufacturer of ice cream $5.00; 
and for each retail manufacturer of ice cream, $1.00, each license 
shall expire July first next after it is issued and shall not be 
transferable. No license shall be issued for a less amount than 
the fee stated in this section. 


Sec. 9. Receptacles must be sanitary.—It is hereby declared 
a violation of this Act for any person having in possession bottles, 


: —67— 

-eans, or other receptacles containing milk or cream of any dairy 
product including ice cream, not to clean or cause to be cleaned 
such receptacles immediately upon emptying. No person shall 
have in possession, or consign for transportation, any receptacle 
which is used for the transportation or handling of cream or milk 
or any dairy product, including ice cream, unless said receptacle 
is thoroughly clean and in a sanitary condition. No person shall 
use, cause or allow to be used, any receptacle which is used in 
the transportation or handling of milk or cream or any other 
dairy product, including ice cream, for any other purpose what- 
soever. 


See. 10. Sampling by inspectors.—-The Department of Agri- 
culture, or its authorized agent, shall have access, at all reason- 
able times, to all dairies, places of business, factories, buildings, 
warehouses, and cars used.in the production, manufacture, sale 
or transportation of dairy products and such authorized agent 
upon showing his authority, and upon paying or offering to pay 
the full value thereof, may take from any producer, handler, or 
seller, of milk or cream or any other dairy product, whether 
principal, agent or employee, one or more samples for the pur- 
pose of inspection and chemical analysis. Any person who 
hinders or prevents such access or who refuses to sell or deliver 
to such authorized agent shall be deemed guilty of a violation of 
this Article. 


Sec. 11. Licensed testers required.—Hvery creamery, ship- 
ping station, or other factory or person receiving, buying and 
paying for milk or cream on the basis of the amount of butter 
fat contained therein shall have in its employ a licensed tester, 
who shall supervise and be responsible for the operation of the 
Babcock Test of milk and cream. The license shall be issued to 
such person by the Department of Agriculture or its Secretary 
when the applicant has passed a satisfactory examination in per- 
son and proved by actual demonstration before an inspector or 
authorized agent of the Department of Agriculture that he is 
competent and qualified to conduct the Babcock Test for butter 
fat. Each license shall be valid for one year after its issue and 
shall not be transferable. The fee for such license shall be $2.00 
and shall be paid to the Department of Agriculture or its author- 
ized agent before such license shall be issued. The Department 


—68— ; 
of Agriculture shall have authority to revoke any license issued 
under this Article. The testing of each lot of milk or cream by 
any such unlicensed person shall constitute a separate offense, 
provided that any licensed person, may for valid reasons, appoint 
a substitute for a period not to exceed fourteen days, subject 
to the approval of the Department of Agriculture. 


Sec. 12. Fraud in testing milk or cream.—No person receiv- 
ing milk or cream by weight or test or by weight and test, shall 
fraudulently manipulate the weights of milk or cream or take 
unfair samples thereof, or fraudulently manipulate such samples 
in any way. No person buying and paying for milk or cream 
on the basis of the amount of fat contained therein shall under- 
read, over-read or otherwise fraudulently manipulate the Bab- 
cock Test used for determining the percentage of fat in milk or 
eream or to falsify the record thereof or to read the test at any 
temperature except between 135 degrees and 140 degrees Fahren- 
heit, or to pay on the basis of any measurement or weight except 
the true measurement or weight, which is seventeen and six 
tenths (17.6) cubic centimeters for milk and nine (9) grams for 
cream. In all tests made under*the provisions of this Section 
the cream shall be weighed into, the test bottle. 


Sec. 138. Standard glassware for testing.—Every person buy- 
ing or paying for milk or cream on a basis of the amount of butter 
fat contained therein as determined by the Babcock Test, shall 
use standard Babcock Test bottles, pipettes and weights, and ac- 
curate scales. <All test bottles, pipettes and weights must be pur- 
chased from the Department of Agriculture and before being 
issued by said Department shall be inspected by the Department 
of Dairy Husbandry of the University of Nebraska, and if found 
accurate shall be legibly marked by said Department with the 
letters ““‘S GN” (Standard Glassware Nebraska). The fee for 
such standardization shall be three cents (3c) for each piece of 
glassware and each weight so tested and marked, and said fee 
shall be paid to the Department of Dairy Husbandry by the De- 
partment of Agriculture. No bottle, pipette, or weight shall be 
used for such test unless so examined and marked by said De- 
partment of Dairy Husbandry of the State University. It shall 
be unlawful for any person to use or have in their place of busi- 
ness any other than standard test bottles, pipettes, and weights 


GO 


which have been examined and marked as provided in this Sec- 
tion. Provided the foregoing provisions as to marking of glass- 
ware and weights shall not be in force and effect until January 
first, nineteen twenty (1920). 

Sec. 15. Standards for scales and test bottles —For the pur- 
pose of this Article the scales used in the performance of the 
Babcock Test for the purchase of milk or cream on a butter fat 
basis shall be of the one bottle type and sensitive to at least 
25 milligrams at full lead. The standard milk test bottle shall 
have a total percent graduation of ten (10). The graduated por- 
tion of the neck shall have a length of not less than three (3) 
inches and shall be graduated to tenths percent. The error at any 
point of the scale shall not exceed one tenth (1-10) percent; 
total height of bottle shall be between five and seven eights 
(5%) and six and one half (614) inches. The standard cream 
test bottle shall be a fifty (50) per cent, nine (9) gram bottle, 
the total percent graduation shall be fifty (50). The graduated 
portion of the neck shall have a length of not less than three 
(3) inches and shall be graduated to five tenths (5-10) percent. 
The error at any point of the scale shall not exceed five-tenths 
(5-10) percent. Total height of the bottle shall be between five 
and seven-eights (5%) and six and one-half (614) inches. 

The standard Babcock milk pipette shall be graduated to 
deliver seventeen and six tenths (17 6-10) cubic centimeters of 
water at 20 degrees C. in five to eight seconds. The standard 
weight shall be nine (9) grams. 

Sec. 15. Violation, penalty.—Any person violating any of 
the provisions of this Article shall be deemed guilty of a mis- 
demeanor, and upon conviction thereof, shall be fined in a sum 
not less than Ten ($10.00) Dollars, nor more than One Hundred 
($100.00) Dollars, or be imprisoned in the pouty jail not ex- 
ceeding three (3) months. 


ARTICLE VII. 


OILS 


Section 1. (2553 and 2554) Oils—inspection—marking con- 
tainers.—The department of agriculture shall inspect and test all 
mineral or petroleum, kerosene, gasoline or benzine or any oil 


yd (NL 


fluid or substance which is a product of petroleum or into which 
petroleum or any product of petroleum enters or is found as a 
constituent element, whether manufactured in this state or not, 
before the same shall be used or offered for sale. If, upon such 
examination in testing, said oil shall meet the requirements speci- 
fied by the department of agriculture, as quoted standard, the de- 
partment shall issue a certificate, certifying that said oil has 
been duly inspected and all tanks, reservoirs, barrels, casks, or 
packages shall be marked with the word ‘‘Approved”’ and shall 
affix the date of the inspection and the results of the actual 
tests. If such oils so examined and tested shall not meet the re- 
quirements as specified by the department of agriculture as 
quoted standard, said oil shall be refused and all tanks, reser- 
voirs, barrels, casks and packages shall be marked ‘‘Rejected”’ 
and there shall be affixed the date of the inspection and results 
of the actual test. The department shall make or cause to be 
made from time to time examination of lubrication oils sold or 
offered for sale within this state. If upon examination any lubri- 
eating oil is found not to conform to the standards adopted or 
which may be hereafter adopted by the Committee on Standard- 
ization of Petroleum Specifications appointed by the order of the 
President of the United States of date of July 31, 1918, it shall 
be deemed to be adulterated, and its sale a violation of this act. 


Sec. 2, Illuminating oils—standards.—All illuminating oils 
offered for sale or used in this state shall conform to the follow- 
ing conditions; (1) The color shall be water white, but a slight 
bluish opalescence is permissible. (2) It shall not contain more 
than a trace of any sulphur compound. (8) It shall not contain 
water nor tarlike matter. (4) It shall not contain more than 
seven per cent by weight of residue after being distilled at a 
temperature of not more than five hundred seventy degrees 
Fahrenheit. (5) It shall not give a flash test below one hun- 
dred twelve degrees Fahrenheit when tested by the oil tester 
known as the Foster apparatus. (6) The specific gravity shall - 
not be less than forty degrees measured by the Beaume hydro- 
meter at a temperature of sixty degrees Fahrenheit; except in 
the case of mineral seal oil, the specific gravity of which shall 
not be less than thirty-six degrees measured as above. (7) Any “ 
oils that present a yellowish or dark colored, dirty appearance 


on bee 


‘ 3 i 
to the eye may be rejected and disapproved for illuminating pur- 
poses by the department without further test and the further 
sale thereof ordered discontinued; and such discoloration shall 
be prima facie evidence that they are not such a product as is 
properly subject to sale for illuminating purposes within this 
state. The department is not required in every case to have a 
complete analysis made of the oils inspected to ascertain every 
form of impurities such as sulphur and tar-like matter, but when- 
ever in the opinion of the department, it is necessary that any of 
the oils provided for in this section shall be thoroughly analyzed, 
it shall be his duty to procure a sample of such oil and forward it 
to the state chemist for the purpose of a more detailed analysis to 
determine in what particular the imperfection or impurities exist. 
If upon such analysis, it is demonstrated that some other impurity © 
or imperfection exists in said oil not in this article specified that 
renders such oil unfit for illuminating purposes, it shall be the 
duty of the department to reject such oil for such purpose. 

See. 3. Gasoline, benzine and naptha—tests—brands.—F'or 
the purpose of this article, gasoline, benzine, and naptha shall be 
subject to a specific gravity test by the inspector. The depart- 
ment shall ascertain the specific gravity of all gasoline, benzine 
and naptha and shall mark in the manner provided in the second 
next preceding section all tanks, reservoirs, barrels or casks, 
containing said gasoline, benzine and naptha with the specific 
gravity of said gasoline, benzine, and naptha as measured by the 
Beaume hydrometer at a temperature of sixty degrees Fahren- 
heit. Every manufacturer, dealer or vendor shall brand or label 
the word “‘Gasoline”’ or ‘‘Benzine’’ or ‘‘Naptha”’ respectively on 
every tank, cask, barrel or car containing gasoline, benzine or 
naptha in letters at least one and one-half inches in height and 
shall also mark in plain figures on every tank, cask, barrel or car 
containing gasoline, benzine or naptha, the correct specific 
gravity. ae 

No gasoline shall be sold which is below the standards 
adopted for motor gasoline by the Committee on Standardization 
of Petroleum Specifications appointed by order of the President 
of the United States of date of July 31, 1918. Any such gasoline 
which is below said standards shall be deemed to be adulterated 
and its sale a violation of this article. 


72 


Sec. 4. (Ch. 58, 1917) Inspection fees.—The fees for in- 
spection and branding shall be as follows: (1) If less than ten 
such barrels be inspected at one time and place, twenty-five cents 
per barrel. (2) If more than ten and less than fifty barrels be 
inspected at one time and place, ten cents per barrel. (3) If 
more than fifty barrels be inspected at one time and place,’ six 
cents per barrel. Fifty gallons shall be considered a barrel. The 
inspection fees shall be a lien on the oil inspected until said fees 
are paid. The department of agriculture may sue therefor in 
the name of the State. 


See. 5. (2559) Notice reception of oils.—A1l] persons trans- 
acting business in this state shall immediately notify the depart- 
ment of agriculture when any oils mentioned herein are received 
by them that have not been stamped and inspected as provided 
in this article. 


Sec. 6. Unlawful to sell uninspected oils.—No person 
whether vendor, manufacturer or dealer, shall sell or attempt to 
sell to any person in this state any of the oils mentioned in this 
article before having the same inspected as herein provided. 

See. 7. Violation—penalty.—Any person violating any of 
the provisions in this article, shall be guilty of a misdemeanor 
and upon conviction thereof, shall be fined in a sum not exceed- 
ing $100.00 or imprisoned in the county jail not exceeding three 
months. . 


ARTICLE VIII: 


COMMISSION MERCHANTS 


Section 1. (2570 and 2571) Commission men—license re- 
quired. Any person, firm or corporation pursuing, or who shall 
pursue the business of selling farm, dairy, orchard, garden pro- 
duce, wares or merchandise of any kind upon consignment for 
a commission, shall obtain a license therefor from the depart- 
ment of agriculture. The application therefor shall be made in 
writing, under oath, to the department of agriculture, giving the 
full name of such person, firm or corporation and if a partner- 
ship, the full name of the partners; if a corporation, the date of 
incorporation, the names of the officers, directors and stock- 


ce 


holders, the state wherein incorporated, and the amount of all 
stock actually paid in, the name of the city or village where he 
or it intends to carry on such business and the character of pro- 
duce for which a license to sell on commission is desired. The 
fee for such license shall be ten ($10.00) dollars payable to the 
state treasurer subject to the rules of the secretary of finance, 
upon payment of which the department of agriculture shall de- 
liver to such applicant a license to carry on the business of a 
commission merchant until the 3lst day of December of the year 
in which such license is issued. 

Sec. 2. (2572) Commission Merchant give bond.—Every 
person engaged in the business of selling farm, dairy, orchard, 
garden produce or wares of any kind upon consignment for a 
commission is required to give bond in the sum of two thousand 
dollars with good and sufficient sureties, payable to the county 
judge of the county in which he resides or has his principal place 
of business, conditioned that he will faithfully and truly perform 
all agreements entered into with consignors with respect to re- 
ceiving, handling, selling or making remittances for consign- 
ments made to him, which bond shall be approved, filed and 
recorded by the county clerk of the county in which such Pes 
resides or has his principal office. 

See. 3. (2573) Bond—liability on.—The bond provided 
for by the preceding section may be sued upon and recovery had 
thereon by any person who has been damaged by a breach of its 
conditions. 

See. 4. (2574) Unlawful to do commission business with- 
out license.—No person shall engage in the business of selling 
farm, dairy, orchard or garden products, wares or merchandise 
of any kind upon consignment for a commission or advertise or 
solicit business as such commission merchant or pursue in any 
way the occupation of such commission merchant without first 
obtaining the license and giving the bénd as provided for in this 
article. 

Sec. 5. Violation—penalty.—Any person violating any of 
the provisions of this article shall be guilty of a misdemeanor 
and shall upon conviction thereof, be fined in a sum not exceed- 
ing one hundred ($100.00) dollars or imprisoned in the county 
jail not exceeding three months. 


_—T4— 
ARTICLE IX 


CIDER AND VINEGAR 


Section 1. (2576, 2577, 2578) Sale of cider—adulteration. 
—No person shall manufacture for sale, produce, sell, keep for 
sale, or offer for sale as cider any preparation of cider contain- 
ing salicylic acid, formaline, preservit, anti-ferment or any other > 
drug, chemical or substance that does not belong to the apple 
in its natural state, nor manufacture for sale, sell or keep for 
sale, or offer for sale, any product or substance as cider or for 
cider anything other than pure apple juice. If adulterated cider 
is manufactured for sale, sold or kept for sale or offered for sale, 
the keg, cask, barrel or package shall be plainly marked ‘‘ Adul- 
terated Cider,’’ with the approximate proportion of each drug, 
chemical, or substance used in its contents. 


Sec. 2. (2580) Packages to be marked.—Every manufac- 
turer or producer of cider vinegar, when offering it for sale, shall 
plainly mark or brand the cask, barrel, keg or other package 
with his name and place of business and the words ‘‘Cider 
Vinegar,’’ and no person shall label or brand as cider vinegar or 
for cider vinegar any package which is not cider vinegar. Cider 
vinegar shall be construed to mean vinegar made exclusively 
from pure apple juice. 


See. 8. (2579) Vinegar.—No person shall sell as apple, 
orchard, or cider vinegar any vinegar not made exclusively of 
apple cider, nor any vinegar in which foreign substances, drugs, 
or acids have been introduced, or which upon proper test shall 
contain less than one and six-tenths per cent by weight of cider 
vinegar solids, upon full evaporation at the temperature of boil- 
ing water. | | 


Sec. 4. (2581 and 2582) Adulterated Vinegar.—Every per- 
son manufacturing for sale, keeping for sale, or offering for sale, 
any of the so-called grain vinegars, wine vinegars, or fruit vine- 
gars, shall place them on the market without artificial coloring, 
-with a brand or label on each barrel, cask or other package, 
clearly indicating the name and place of business of the manu- 
facturer and the name of the grain or fruit from which the con- 


15 


tents are made. All vinegar shall be made wholly from the 
fruit or grain from which it is represented that it is made and 
shall contain not less than four per cent by weight of absolute 
acetic acid. 


See. 5. (2583) Same—harmful chemicals.—No person shall 
manufacturer for sale or offer for sale, or have in his possession 
with intent to sell, any vinegar containing any preparation of 
lead, copper, sulphuric acid, or other substance or ingredients 
injurious to health. 


Sec. 6. (2584) Violation—penalty.—Any person violating 
any of the provisions of this article, shall be guilty of a misde- 
meanor and upon conviction thereof shall be fined in a sum not 
exceeding one hundred ($100.00) dollars or imprisoned in the 
county jail not exceeding three months. 


ARTICLE X 


OLEOMARGARINE AND BUTTERINE 


Section 1. Imitation butter and cheese defined.—F'or the 
purpose and within the meaning of this Article, every article, 
substitute or compound, other than that entirely produced from 
pure milk or cream from the same, made in the semblance of 
butter and designed to be used as a substitute for butter made 
from pure milk, or cream from the Same, is hereby declared to 
be imitation butter. Every article, substance, or compound other 
than that produced from pure milk, or cream from the same, 
made in the semblance of cheese and designed to be used as a 
substitute for cheese made from pure milk, or cream from the 
same, is hereby declared to be imitation cheese. Provided: The 
use of salt, rennet and other harmless coloring matter for color- 
ing the product of pure milk, or cream, shall not be construed to 
render such product an imitation. 


For the purpose and within the meaning of this Article, any 
person who in any manner produces imitation butter or imitation 
cheese shall be considered a manufacturer thereof. Any person 
who sells imitation butter or imitation cheese in packages or 
quantities containing ten pounds or more shall be considered a 
wholesale dealer thereof. Any person who sells imitation butter 


—76— 


or imitation cheese in packages or quantities containing less than 
ten pounds shall be considered a retail dealer thereof. 


Sec. 2. Shipping substitutes.—No person, firm, or corpora- 
tion or their agents or employees shall ship, consign, or forward 
by any common carrier whether public or private, any imitation 
butter or imitation cheese, unless such shipping box or package 
shall be durably and legibly marked with the words ‘‘Imitation 
Butter’’ or ‘‘Imitation Cheese’’ as the case may be, in Roman 
letters not less than one inch in height. 


Sec. 3. Imitations—notice of use.—No owner, manager, or 
employee of any place where food is served to the public shall 
offer, deliver or’serve in any way to any person therein, whether 
compensation therefor is received or not, any imitation butter or 
imitation cheese, having a yellow color or any shade of genuine 
yellow, or any imitation butter or imitation cheese, unless the 
person so served is notified either by a statement on each bill of 
fare or by distinctly legible printed signs or verbally at the time 
said imitation butter or imitation cheese is served. 


Sec. 4. Sale of imitations—license required.—No person, 
firm, or corporation or any agent or employee thereof shall ‘pro- 
duce, manufacture, or sell any imitation butter or imitation 
cheese, without first procuring a license from the department of 
agriculture. The fees charged for licenses shall be as follows: 
For each manufacturer of imitation butter or imitation cheese, 
$100.00; for each wholesale dealer in imitation butter or imitation 
cheese, $25.00; for each retail dealer in imitation butter or imi- 
tation cheese, $1.00. Each license shall expire on July first next 
after its issue and shall not be transferable. No license shall be 
issued for a less amount than the fee stated in this Section. 


Sec. 5. Violation—penalty.—Any person violating any of 
the provisions of this Act shall be deemed guilty of a misde- 
meanor and upon conviction thereof shall be fined not less than 
ten ($10.00) dollars and not more than one hundred ($100.00) 
dollars, or be imprisoned for not less than thirty (30) days, as 
the court may direct. 


oe gb fash 
ARTICLE XI 


SANITATION OF PREMISES USED FOR MANUFACTURE 
OR PREPARATION OF FOODS 


Section 1. (2598) Bakeries, creameries, dairies, etc.— 
Every building, room, basement or cellar occupied or used as a 
bakery, confectionery, cannery, packing house, slaughter house, 
dairy, creamery, cheese factory, restaurant, hotel, grocery, meat 
market or other place or apartment used for the preparation for 
sale, manufacture, packing, storage, sale or distribution of any 
food, shall be properly lighted, drained, plumbed and ventilated 
and conducted with strict regard to the influence of such condi- 
tion upon the health of the operatives, employees, clerks and 
other persons therein employed and the purity and wholesome- 
ness of the food therein produced; and for the purpose of this 
article the term ‘‘F'ood’’ as herein used shall include all articles 
used for food, drink, confectionery, or condiment, whether simple, 
mixed or compound, and all substances or ingredients used in the 
preparation thereof. 


See. 2. (2599) Storage rooms to be kept sanitary.—The 
floors, side walls, ceilings, furniture, receptacles, implements and 
machinery of every establishment or place where food is manu- 
factured, packed, stored, sold or distributed, and all cars, trucks 
and vehicles used in the transportation of food products, shall at 
no time be kept in an unclean, unhealthful and unsanitary condi- 
tion and for the purpose of this article unclean, unhealthful and 
unsanitary condition, shall be deemed to exist if food in the 
process of manufacture, preparation, packing, storing, sale, dis- 
tribution or transportation is not securely protected from flies, 
dust, dirt and, as far as may be necessary by all reasonable 
means, from all other foreign or injurious contamination; and if 
the refuse, dirt and waste products subject to decomposition and 
fermentation incident to the manufacture, preparation, packing, 
storing, selling, distributing and transporting of food, are not 
removed daily; and if all trucks, trays, boxes, baskets, buckets 
and other receptacles, chutes, platforms, racks, tables, shelves 
and all knives, saws, cleavers and other utensils and machinery 
used in moving, handling, cutting, chopping, mixing, canning 


ay fe 


and all other processes are not thoroughly cleaned daily, and if 
the clothing of operatives, employees, clerks or other persons 
therein employed is unclean. 

See. 3. (2600) Kitchen, restaurant, bakery, kept sanitary. 
—The side walls and ceilings of every bakery, confectionery, 
creamery, cheese factory, hotel and restaurant kitchen, shall be 
brick, cement, plastered, wainscoated or ceiled with metal or 
lumber and shall be oil painted or kept well lime washed, and all 
interior wood work in every bakery, confectionery, creamery, 
cheese factory, hotel and restaurant kitchen, shall be kept well 
oiled or painted with oil paints or lime washed and kept clean, 
and every building, room, basement, or cellar occupied or used 
for the preparation, manufacture, packing, storage, sale or dis- 
tribution of food, shall have an impermeable floor made of cement 
or tile laid in cement, brick, wood or other suitable non-absorbent 
material which can be flushed, and washed clean with water. 


Sec. 4. (2601) Doors and windows screened.—The doors, 
windows and other openings of every food producing or dis-. 
tributing establishment during the fly season shall be fitted with 
self-closing screen doors and wire window screens of not coarser 
than fourteen mesh wire gauze. 


See. 5. (2602) Toilet rooms, lavatories, etc.—Hvery build- 
ing, room, basement or cellar oceupied or used for the prepara- 
tion, manufacture, packing, canning, sale, or distribution of food, 
shall have convenient toilet or toilet rooms, separate and apart 
from the room or rooms where the process of production, manu- 
facture, packing, canning, selling or distributing is conducted. 
The floors of such toilet rooms shall be of cement, tile, wood, 
brick or other non-absorbent material and shall be kept in a 
thoroughly clean and sanitary condition. Such toilet or toilets 
shall be furnished with separate ventilating flues, or pipes, dis- 
charging into soil pipes, or on outside of the building in which 
they are situated. Lavatories and wash rooms shall be supplied — 
with soap, water and towels and shall be maintained in a sani- 
tary condition. Operatives, employees, clerks, and all other per- 
sons who handle the material from which food is prepared, or 
the finished product, before beginning work or after visiting 
toilet or toilets, shall wash their hands and arms thoroughly in 
clean water. | | 


hg oN) 


Sec. 6. Cuspidors for the use of opera- 
\ tives, employees, clerks or other persons shall be provided when- 
| ever necessary, and each cuspidor shall be thoroughly emptied 
and washed out daily with disinfectant solution and five ounces 
of such solution shall be left in each cuspidor while it is in use. 
No operative, employee or other person shall expectorate on 
the floor or sidewalls of any building, room, basement or cellar 
where the production, manufacture, packing, storing, preparation 
or sale of any food is conducted. 


Sec. 7. (2604) Kitchen, etc., not used for sleeping.—No 
person shall be allowed to live or sleep in any room of a bake 
shop, kitchen, dining room, confectionery, creamery, cheese fac- 
tory or place where food is prepared, served or sold. 


See. 8. (2605) Diseased persons not employed. No em- 
ployer shall require, permit, or suffer any person to work, nor 
shall any person work, in a building, room, basement, cellar or 
vehicle occupied or used for the production, preparation, manu- 
facture, packing, storage, sale, distribution and transportation of 
food, who is affected with any venereal disease, smallpox, diph- 
theria, scarlet fever, yellow fever, tuberculosis, consumption, 
bubonie plague, asiatic cholera, leprosy, trachoma, typhoid fever 
epidemic, epidemic dysentery, measles, mumps, German measles 
(Rothein), whooping cough, chicken pox or any other teres ous 
or contagious disease. 


Sec. 9. (2606) Power and duty of agricultural depart- 
ment.—The department of agriculture, shall have authority at all 
times-to enter and inspect any building or part thereof occupied 
or used for the production, sale or distribution of food and to 
inspect all utensils or machinery used in production, sale or dis- 
tribution, and if upon such inspection the department shall find 
any violation of the provisions of this article or that food is being 
produced, sold or distributed in a manner detrimental to health, 
the department shall issue an order in writing to the person in 
charge of such production, sale or distribution to abate the con- 
dition or violation or to make such improvements. as may be 
necessary to abate such conditions, within a period of five days 
or such other reasonable time as may be determined by the 
department. 


—~80- 


See. 10. (2607) Non-compliance with orders—penalties.— 
Any person who shall refuse to comply with any lawful orders or 
requirements of the department of agriculture issued under the 
preceding section, shall be guilty of a misdemeanor and upon 
conviction thereof shall be fined in any sum not more than two 
hundred ($200.00) dollars or imprisoned in the county jail not 
more than ninety (90) days and each day after the expiration of 
the time limit fixed by the order of the department for abating 
unsanitary conditions shall constitute a separate offense. © 


Sec. 11. Violation—penalty.—Any person violating any of 
the provisions of this article, shall be guilty of a misdemeanor 
and upon conviction thereof, shall be fined in a sum not exceeding 
one hundred ($100.00) dollars or imprisoned in the county jail 
not exceeding three months. 


ARTICLE XII 


COLD STORAGE WAREHOUSES 


Section 1. (2608) Definitions——The term ‘‘cold storage”’ 
as used in this article shall be construed to mean a place artifi- 
cially cooled to a temperature of 40 degrees F., or below, but shall 
not include such a place in a private home, nor any place having 
a refrigerating space of less than one hundred feet. 


The term ‘‘cold storage’’ as used in this article shall be con- 
strued to mean the keeping of ‘‘articles of food’’ in ‘‘cold stor- 
age’’ for a period exceeding sixty days. 

The term ‘‘articles of food’’ as used in this article shall be 
construed to mean and include all articles used for food, drink 
confection or condiment by man or animal, whether simple, mixed 
or compound. . 


Sec. 2. (2609) Cold storage warehouse—license. — Any 
person desiring to operate a cold storage or refrigerating ware- 
house, shall make application in writing to the department of 
agriculture for that purpose, stating the location of the plant 
or plants. On receipt of the application, the department shall 
cause an examination to be made into the sanitary condition of 
said plant or plants, and if found to be in a sanitary condition 


ge 


and otherwise properly equipped for the business of cold storage, 
the department shall cause a license to be issued authorizing the 
| applicant to operate a cold storage or refrigerating warehouse 
_ for and during the period of one year. All licenses shall expire 
on the 31st day of December of the year in which they are issued. 
The license shall be issued upon payment by the applicant of a 
license fee of five dollars to the treasurer of the state subject to 
the rules of the secretary of finance. 


See. 3. (2610) Unsanitary places prohibited—inspection.— 
In the event that any place or places, or any part thereof, covered 
by a license, under the provision of this article, shall at any time 
be deemed to be in an unsanitary condition, it shall be the duty 
of the department to notify licensee of such condition; and upon 
the failure of the licensee to put such specified place or places, 
or the specified part thereof, in a sanitary condition within a 
designated time, it shall be the duty of the department to pro- 
hibit the use under its license of such specified place, or part 
thereof, as it deems in an unsanitary condition until such time 
as it may be put in a sanitary condition. 


See. 4. (2611) Records—reports.—Every person licensed 
to operate a cold storage or refrigeration warehouse shall keep 
an accurate record of the receipts and the withdrawals of the 
articles of food, and such food stuffs as may have been previously 
held in storage, and an accurate record of the length of time of 
such storage and the department shall have free access to these 
records at any time. Every such person shall submit a quarterly 
report to the department setting forth in itemized particulars the 
quantity of food. products held in cold storage. Such quarterly 
reports shall be filed on or before the sixth day of January, April, 
July and October of each year, and the reports so rendered shall 
show the conditions existing on the first day of the month in 
which the report is filed. The department shall have the au- 
thority to require such reports to be made at more frequent 
intervals than the times herein specified, if in its judgment more 
frequent reports shall be needed in the interest of a proper 
enforcement of this article, or for other reasons affecting the 
public welfare. The reports herein required shall be verified 
and sworn to by some managing officer or agent of the cold stor- 
age plant or refrigerating warehouse. 


—82—. 

Sec. 5. (2612) Food—unsanitary.—No article of food in- 
tended for human consumption shall be placed in cold storage if 
diseased or tainted or deteriorated so as to injure its keeping 
qualities, or if not slaughtered, handled and prepared for storage 
in accordance with the pure food and sanitary food laws and 
such rules and regulations as may be prescribed by the depart- 
ment of agriculture for the sanitary preparation of food products 
for cold storage, under the authority hereinafter conferred. Any 
article of food, if intended for use other than human consump- 
tion, before being cold stored, shall be marked by the owner in 
accordance with forms prescribed by the department (under au- 
thority hereinafter conferred) so as to plainly indicate the fact 
that such articles are not to be sold for human food. 


Sec. 6. (2613) Inspection.—The department shall inspect 
and supervise all cold storage or refrigerating warehouses in this 
state, and make such inspection of the entry of articles of food 
therein as it may deem necessary to secure proper enforcement of 
this article. The department shall be permitted access to such 
establishments and all parts. thereof at all reasonable times for 
purposes of inspection and enforcement of the provisions of this 
article. 1 coal a aes 

Sec. 7. (2614) Containers—marking—recording.—All food, 
when deposited in any cold storage or refrigerating warehouse, 
shall be properly and securely packed in suitable containers and 
each container shall at the time of deposit be plainly, legibly and 
indelibly marked with a correct distinctive serial lot number of 
such deposit; said marking to be done under the direction of the 
operator of the storage so as to readily and certainly identify 
each item of deposit. Such serial number shall refer to proper 
records kept by said person licensed to operate said cold storage 
or refrigerating warehouse; and every such person shall Keep an 
accurate and full record of said serial lot number of such deposit, 
together with a complete record showing from whom said articles 
in storage were received, the number and kind of packages and 
kind of food, and the place in said cold storage or refrigerating 
warehouse where said goods are deposited, and shall keep an 
accurate and full record of the date of the receipts and with- 
drawals of such deposits and shall not remove said deposit from 


the place designated in said records without making a record 


= ‘* hy ben 


83 


\ <6 


thereof. When such food is withdrawn from such storage or re- 
frigerating warehouse, each container thereof shall then in like 
manner be marked with the true dates of entry and withdrawal. 
Such markings shall be done under the directions of the operator 
of the cold storage or refrigerating warehouse so as to readily 
and certainly identify each article so deposited. Where the 
owner, of foods or operators of the cold storage or refrigerating 
warehouse shall desire to withdraw such goods for consignment 
and consumption without this state, such operator may deliver 
such goods to a carrier for shipment without the state without 
marking thereon the dates of entry and withdrawal as herein re- 
quired; but said operator shall keep an accurate record of all 
such withdrawals that are not so marked and make a full and 
complete report thereof to the department of agriculture. 

See. 8. (2615) Length of time in storage.——No person as 
owner or controllers shall keep in cold storage any article of food 
for a longer period than twelve months, except with the consent 
of the department of agriculture as hereinafter provided. The 
department of agriculture may, upon application, grant -permis- 
sion to extend the period of storage beyond twelve months for a 
particular consignment of foods, if the foods in question are 
found, upon examination, to be in proper condition for further 
storage at the end of twelve months. The length of time for 
which further storage is allowed shall be specified in the order 
eranting the permission. 

See. 9. (2616) Notice to purchasers.—No person shall sell, 
or offer or expose for sale articles of food which have been held 
in cold storage, without notifying persons purchasing or intend- 
ing to purchase the same that they have been so kept, nor repre- 
sent or advertise as fresh goods articles of food which have been 
held in cold storage. 

See. 10. (2617) Released food to be returned.—No person 
shall return to cold storage any article of food that has once 
been released from such storage and placed on the market for 
sale to consumers; but nothing in this section shall be construed 
to prevent the transfer in good faith of goods from one cold 
storage or refrigerating warehouse to another. 

Sec. 11. (2619) Inspection fees.—The operators of. cold 
storage warehouses shall pay an annual inspection fee of (to) 


ae Pi 

the department of agriculture of ten dollars for each cold stor- 
age place having a refrigerator space of less than fifty thousand 
eubie feet, and twenty-five dollars for each storage place having 
a refrigerator space of fifty thousand cubic feet, and less than 
one hundred thousand cubic feet, and fifty dollars for each such 
storage place having a refrigerator space of one hundred thou- 
sand cubic feet or more. 

Sec. 12. (2618) Rules and regulations.—The department 
of agriculture may make rules and regulations to secure a proper 
enforcement of the provisions of this article including rules and 
regulations with respect to the sanitary preparation of articles of 
food for cold storage and the use of marks, tags, or labels, and 
the display of signs, and any person who shall violate any such 
rule or regulation shall forfeit his license to operate a cold stor- 
age warehouse, or the department may in its discretion suspend 
such license until the rules and regulations have been complied 
with. 

Sec. 18. Violation—penalty.—Any person violating any of 
the provisions of this article, shall, on conviction be fined in a sum 
not exceeding one thousand ($1,000.00) dollars or imprisoned in 
the county jail not exceeding three months. 


ARTICLE XIII 


PAINTS 


' Section 1. (5761) ‘‘Paint’’ defined.—The term ‘‘paint’’ as 
used in this article shall include white lead, basie carbonate or 
sublimate in any kind of oil, or any compound intended for the 
Same use, paste or semi-paste, and liquid or mixed paint ready 
for use. | ee 

Sec. 2. (5759) Selling paint not true to label—penalty.— 
No person shall expose for sale or sell within this state any paint 
or linseed or flaxseed oil which is labeled or marked in any man- 
ner so as to tend to deceive the purchaser as to its nature or 
composition, or which is not accurately labeled as hereinafter 
required. 

Sec. 3. (5760) Label—what to show.—The label required 
by this article shall be printed in the English language, in clear, 


Bees 


legible type, and shall clearly and distinctly state the name and 
residence of the manufacturer of the paint, or the distributer 
thereof, or of the party for whom the same is manufactured, and 
show the name, and, with substantial accuracy, the percentage 
of each ingredient, both solid and liquid, contained therein. In 
case of paint, other than white paint, the ingredients other than 
the coloring material may be treated as one hundred per cent, 
and the label thereof shall state the name and percentage of each 
ingredients other than the coloring matter, and the description or 
trade name of such coloring material, and, with substantial ac- 
curacy, its chemical analysis, the quantity contained in the pack- 
age, which, in the case of liquid or mixed paints, shall be desig- 
nated in standard gallons or fractions thereof, and in the case of 
paste or semi-paste paints, such as are commonly sold by weight, 
the avoirdupois weight. 


Sec. 4. (5762) Linseed oil—test—how sold—No person 
shall manufacture for sale or offer or expose for sale any flaxseed 
or linseed oil, representing the same to be pure, unless the same 
answers all the chemical tests for purity recognized in the United 
States Pharmacopoeia; or any flaxseed or linseed oil as ‘‘pure 
boiled linseed oil’’ unless the same in the process of manufacture 
shall have been raised to a temperature of two hundred and 
twenty-five degrees Fahrenheit and contain not to exceed six per 
cent by weight of drier. 


See. 5. (5763) Linseed oil—how labeled.—No person shall 
sell, expose or offer for sale any flaxseed or linseed oil as pure 
except (by) its true name, and unless each tank ear, tank barrel, 
keg or any vessel of such oil has distinctly and durable painted, 
stamped, stencrled or labeled thereon the true name of such oil, 
in ordinary bold face capital letters, the words ‘‘pure linseed oil 
raw’’ or ‘“‘pure linseed oil boiled,’’ and the name and address of 
the manufacturer thereof or of the person for whom the same is 
manufactured, and the same shall be sold only under the brand 
of such manufacturer or person for whom the same is manufae- 
tured. Nothing in this article shall be construed as prohibiting 
the manufacture or sale of linseed oil compound, but if such com- 
pound is designed to take the place of linseed oil, it shall not 
be manufactured or mixed for sale, sold, offered, or exposed for 
sale under any title or designation conveying the impression, 


nepT 


either directly or indirectly, that it is pure flaxseed or pure lin- 
seed oil. All compounds of linseed or flaxseed oil shall when 
offered or exposed for sale under invented proprietary names 
or titles, bear conspicuously upon the containing vessel, in addi- 
tion to the label herein required, in capital letters, not less than 
five lines pica in size, the word ‘‘Compound.’’ 


Sec. 6. (5764) Possession of mislabeled paint or oil.— 
Possession by any person dealing in said articles, of any article 
or substances hereinbefore described not properly labeled, as 
provided in this article, shall constitute prima facie evidence 
that the same is kept by such person, in violation of the Bige 
visions of this article. 


See. 7. (5759) Violation—penalty.—Any person violating 
any of the provisions of this article, shall be fined in any sum 
not exceeding one hundred ($100.00) dollars or imprisoned in 
the county jail not exceeding three months. 


ARTICLE XIV 


SEEDS 


Section 1. (Ch. 158, 1917) Seed packages—labels—tre- 
quirements.—Every parcel, package or lot of agricultural seeds 
as defined in Section 4 of this article, containing ten pounds 
or more, offered or exposed for sale in the state of Nebraska, 
for use within this state, shall have affixed thereto in a con- 
spicuous place on the outside thereof, distinctly printed in the 
English language, in legible type not smaller than eight point. 
heavy gothic caps, or plainly written, a statement certifying: 

Ist. Name of seed. 


2nd. Full name and address of the seedsman, importer, 
dealer or agent. 


3rd. Whether seed is ‘‘Standard’’ or ‘‘Below Standard’’ 
as defined in Section 11 of this act. If the seed is ‘‘Below 
Standard,’’ the label must also indicate the per cent of purity, 
germination, foreign seeds and inert matter. 


4th. Locality where seed was grown, when known, 


ne _37- 


Sec. 2. Seed analysis.—The department of agriculture shall 
as far as possible, cause to be made analysis of all agricultural 
seeds sold or offered for sale in this state. Said department is 
hereby authorized upon offering to the person entitled thereto 
the full value thereof, to take for analysis, a sample not exceed- 
ing four ounces in weight from any lot or package of agricul- 
tural seeds. Said sample shall be drawn or taken in the pres- 
ence of the party or parties in interest or their representatives, 
and shall be taken from a parcel, lot or number of parcels 
which shall not be less than five per cent of the whole lot in- 
spected, and shall be thoroughly mixed and divided into two 
samples and placed in carefully sealed containers and a label 
put on each stating the name and brand of the agricultural 
seeds sampled, the name of the party from whose stock the 
sample is drawn and the date and place of taking such sample, 
and said label shall be signed by the said department of agri- 
culture or its authorized agent or inspector; or such sample 
may be taken in the presence of two disinterested witnesses. 
One of such duplicate samples shall be left on the premises of | 
the party whose stock was sampled and the other retained by 
the department of agriculture for analysis and comparison with 
the certified statements required by law. 

Sec. 3. Same.—Any resident of this state may submit fair 
samples of seeds to the department of agriculture which shall, 
without charge, cause an analysis of the same to be made. 

Sec. 4. Seed defined.—The term ‘‘agricultural seeds,’’ as 
used in this article shall include the seeds of red clover, white 
clover, alsike clover, sweet clover, alfalfa, Kentucky blue grass, 
brome grass, timothy, orchard grass, red top, meadow fescue, 
cat grass, rye grass and other grasses and forage plants, rape 
and cereals. 

Sec. 5. Weed seed.—No person shall sell, offer or expose for 
sale or distribution in this state, for the purpose of seeding, 
any of the agricultural seeds as defined in the next preceding 
section,.if said seeds contain more than one in ten thousand of 
the seeds of the following weeds: Small flowered morning glory 
(Convolvulus arvensis), wild mustard or charlock (Brassica 
arvensis), quack grass (Agropyron repens), Canada thistle (Car- 
duus arvensis), wild oats (Avena fatua), corn cokle (Agrostemma 


SERRE 


githago) and all species of dodder (Custua spp.). If said agri- 
cultural seeds contain any of the above named weed seeds, the 
presence of such seeds must be indicated on the label specified 
in Section 1 of this article. 

Sec. 6. Same—label statements.—When seed that is claimed 
to bea single kind of agricultural seed, contains by weight two 
per cent or more of the seeds of a single species of weed, the 
name and per cent of each kind of foreign seed present to this 
extent must be plainly indicated on the statement affixed to 
the container of the seed. 

Sec. 7. Impurities defined.—In agricultural seeds ‘‘im- 
purities’’ within the meaning of this article shall consist of the 
following classes: 


1. Foreign seeds, i. e., seeds of any agricultural seed other 
than the sample is claimed to be, or seeds of any weed. 


2. ‘‘Inert matter,’’ i. e.; broken pieces of all seeds whatso- 
ever which are half or less than half of the original seed; bits 
of chaff, stones, stems or any other non-germinable material. 

When such impurities, or any of them, are present in agri- 
cultural seeds, sold, offered or exposed for sale in this state, 
for the purpose of seeding, in quantity exceeding the standard 
of purity and viability authorized in section 11 of this article, 
the name and approximate per cent, of each shall be plainly 
indicated in the statement specified in section 1 of this article. 

See. 8. Mixed or adulterated seed.— For the purpose of 
this article seeds shall be deemed to be mixed or adulterated 
when any seed of less commercial value is mixed to the extent 
of five per cent or more by weight with any agricultural seed 
of greater commercial value. 

Sec. 9. Misbranded.—For the purpose of this article seed 
shall be deemed to be misbranded when the seeds are not true 
to the name under which they are sold. 

Sec. 10. Seed to which act not applicable——The provisions 
concerning agricultural seeds contained in this article shall not 
apply to: 

1. Any person growing or selling seeds for food purposes 
only, or having such seeds in possession for sale for such 
purposes. 


rake fl 


2. The sale of seed that is grown, sold and delivered by 
any farmer on his own premises for seeding by the purchaser 
himself, nor the sale of seed by such farmer to merchants to 
be cleaned and graded before being offered for sale for the 
purpose of seeding, unless the purchaser of said seeds obtains 
from the seller at the time of sale thereof a certificate that the 
said seed is supplied to the purchaser subject to the provisions 
of this article. This shall not, however, exempt the seller from 
the restrictions of sections 5 and 6 of this article. 


See. 11. Standard of purity.—The following standards of 
purity (meaning freedom from ‘‘foreign seeds’’ and ‘‘inert mat- 
ter’’ as defined in section 7) and viability (germination) are 
hereby fixed. Credit shall be given in a germination test for 


one-third the hard seeds. 
Pereent of 


| Percent of Germinable 
Name of Seed Purity Seeds 
Mitdibae( MeECICALO Salva) wise 96 80 
TAO EL Ore ULILM!): Neer is ie eee ele a 98 90 
Blue Grass, Canadian (Poa compressa)............... 80 45 
Blue Grass, Kentucky (Poa pratensis) .............. 80 45 
Brome Grass, awnless (Bromis inermis )............ $0 es 
- Clover, alsike (Trifolium hybridum).....00000. 92 (5) 
Grover, red (Trifolium pratense) 4.....20 00. 92 80 
Clover, white (Trifolium repens)... 90 75 
Corn, kaffir (Andropogen sorghum)... 90 15 
Corn, other than sweet (Zea mays).........00......... 99 89 
Corn, sweet (Zea mays sacharata) wee 99 70 
Fescue, meadow (Festuca pratensis)... 95 80 
Pua eM aA UISITALISSIM UI) Yi 96 84 
Feterita (Andropogen sorghum) wwe 90 75 
Milo (Andropogen Sorghum) .0..o eee 90 75 
Millet, common (Chaetochloa italica)....0. 90 80 
Millet, hog (Panicum miliaceum) ....0WW ww. 90 80 
RO oOALVON Ae RatIVa) acs Sere a 98 85 
Oat grass, tall (Arrhenatherum elatius)............ V2 65 
Orchard grass (Bactylis glomerata) ...000000000..... 70 65 
Peer GC DULASSICE, TNADUS ) sche ee Mee 99 85 
Hed £OD CASTOSIIS .alDa:) Asc nea 90 70 
Rye (secale cereale) ons 98 85 
Rye grass, perennial (Lolium perenne )............... 85 75 
Rye grass, Italian (Lolium italicum) .....000 0. $5 cD 
Sorghum or Cane (Andropogen sorghum )...... 96 (as) 


Cane for foddev.......... Pe ER a Mintee Cer oe eee nee Nes og MO 90 55 


—~90- 


Sudan grass (Andropogen sorghum )..............-... 90 80 


Sweet clover, white biennial (Meliotus alba) 95 75 
Sweet clover,. yellow biennial (Melilotus 

Ome ma lisy) Clue er Oi eR eee A ee 95 75 
Timothy °CPhlewi:) pratense cis eee 95 80 
Vetch) sand’ OVietasvillosa) oc oMS 2 ae 95 85 
WiheatssCPriticiim); eee eee eet ae 98 85 


See. 12. Penalties—Whoever: sells, offers or exposes for 
sale any of the seeds specified in section 4 of this article, which 
are mixed, adulterated or misbranded or any agricultural seeds 
which do not comply with Sections 5, 6 and 7 of this article, or 
who shall prevent or attempt to prevent the department in the 
discharge of its duty from collecting samples; or who shall vio- 
late any of the provisions of this article shall be guilty of a 
misdemeanor and upon conviction shall be fined not more than 
one hundred ($100.00) dollars and costs of prosecution. 


ARTICLE XV 
(Ch. 192, Laws 1915) 


COMMERCIAL FEEDING STUFFS 


Section 1. Commercial feeding stuffs—defined.—The term 
‘Concentrated Commercial Feeding Stuffs’? as used in this 
article, shall include all feeding stuffs used for feeding live 
stock and poultry except whole unmixed seeds or grains, when 
not mixed with other materials, whole hays,’ straws and corn 
stover, and unmixed meals made from the entire grains of wheat, 
rye, oats, Indian corn, buckwheat or broom corn. 


Sec. 2. Name—weight—manufacture, etc., stated on pack- 
age.—Every lot, barrel, bag, pail, parcel or package of concen- 
trated commercial feeding stuff, as defined in section 1 shall 
have affixed thereto a tag or label in a conspicuous place on the 
outside thereof, containing a legible and plainly printed state- 
ment in the English language, in type as large as’ ten pom, 
clearly and truly certifying: 


1. The net weight of the package. 


2. The name, brand or trade mark under which the feed 
is sold. ; ‘ 


POT 


3. The name and address, of the manufacturer, importer, 
dealer or agent. 

4. The minimum percentum of crude protein, and crude fat, 
the maximum percentum of crude fiber, and the specific name of 
each ingredient used in its manufacture. 


The several constituents as named above shall be deter-, 
mined by the methods adopted by the Association of Official 
Agriculture Chemists of the United States. 


Sec. 38. Sample delivered to food commissioner.—Before 
any person shall sell, offer or expose for sale or distribute in 
this state, any concentrated commercial feeding stuff he or they 
shall file, when so requested, with the department of agriculture, 
a sealed glass jar or bottle containing not less than one pound 
of the feeding stuff to be sold, offered or exposed for sale or 
distributed in this state, accompanied with an affidavit that it 
is a fair average sample thereof and corresponds to the feeding | 
stuff which it represents. 


Sec. 4. Inspection—tax.—Every person manufacturing or 
selling any concentrated commercial feeding stuff, as defined in 
section 1 of this article shall pay to the department of agri- 
culture an inspection tax of ten cents for each ton of concen- 
trated commercial feeding stuffs sold, offered or exposed for 
sale or distributed in this state, and shall affix to or accompany 
each lot shipped in bulk, and to each parcel of such concen- 
trated commercial feeding stuffs a tag or stamp, to be furnished 
by the department of agriculture, stating that all charges speci- 
fied in this section have been paid. Whenever any concentrated 
commercial feeding stuffs as defined in section 1, are exposed or 
offered for sale in bulk or stored, the person keeping the same 
for sale shall keep on hand cards upon which shall be printed 
the statement required by the provisions of section 2; and when 
such feeding stuffs are sold at retail in bulk or in packages be- 
longing to the purchaser, the vendor shall furnish the purchaser 
with sufficient tax tags or stamps to cover the sale, and, upon re- 
quest, with a card or cards upon which appear the statement 
required by the provisions of section 2. No inspection fee shall 
be required for the sale of unadulterated wheat, rye and buck- 
wheat bran, nor, for the sale of wheat, rye and buckwheat shorts 
manufactured in this state. 


29025 


Sec. 5. Analysis.—The department of agriculture may take 
for analysis a sample from any lot or package of feeding stuffs 
not exceeding two pounds in weight. Said sample shall be taken 
in the presence of a person in interest or his representative and 
shall be taken from parcel lot or number of parcels which shall 
not be less than five per cent of the whole lot inspected. The 
sample so taken shall be divided into two parts placed in separate 
containers and carefully sealed and labeled. The label shall 
state the name or brand of the feeding stuff and the name of 
the person from whose stock it was taken, and the date and 
place of taking of sample.. The label shall be signed by the 
representative of the department of agriculture. One of the 
samples shall be left on the premises and the others shall be re- 
tained by the department for analysis and comparison of the 
certified statement on file with the department. 


Sec. 6. Purchaser may have analysis made.—Any person 
purchasing any concentrated commercial feeding stuffs in this 
state for his own use may submit fair samples thereof to the 
department of agriculture, which, upon receipt of an analysis 
fee of one dollar for each sample shall cause an analysis of the 
same to be made. 


See. 7. Unlawful acts.—No person shall counterfeit or use 
a counterfeit of any of the tags prescribed by this article, or 
use any tags or stamps a second time or prevent or attempt to 
prevent the department of agriculture, from collecting samples. 

Sec. 8. Violation—penalty.._Any person who shall violate 
any of the provisions of this article, shall be deemed guilty of 
a misdemeanor and, on conviction thereof, shall be fined in a 
sum not exceeding one hundred ($100.00) dollars or be im- 
prisoned in the county jail not exceeding three months. 


ARTICLE XVI - 


(Ch. 193, Laws 1915) 
LIVE STOCK REMEDY 


Section 1. Live stock remedy, defined._The term ‘‘live 
stock remedy’’ as used in this article, shall be held to include 
all condimental feeds, medicated stock foods, medicinal stock 


OR. 


food, stock food tonics, stock powders, proprietary medicines, 
and all preparations of like nature designed for any animal, 
except man, to be administered internally for. their stimulating, 
invigorating, curative or other powers. 


Sec. 2. Hach package to be labeled of weight, ingredients, 
-etc.—Every barrel, bag, pail, parcel or package of live stock 
remedy as defined in section 1 of this article shall have affixed 
thereto in a conspicuous place on the outside thereof, distinctly 
printed in the English language in legible type, not smaller than 
eight point heavy gothic caps, or plainly written, a statement 
certifying : 
1. The net weight or measure in the package. 


2. The name, brand or trade mark under which the article 
is sold. 


3. The name and address of the manufacturer, importer, 
dealer or agent. 


4. The name and percentage of any poisonous or deleterious 
ingredient and the name and percentage of diluents or bases 
present. 


Sec. 3. Diluent or bases.—F or the purpose of this article 
the term ‘‘diluent’’ or bases shall include millfeeds of all kinds, 
elevator dust, linseed meal, earth, salt, sand, ashes, slacked lime, 
gypsum, tale, and other insert or non-medicinal ingredients. 


Sec. 4. Deceptive branding unlawful_—No ‘‘Live Stock 
Remedy’’ shall be labeled or branded so as to deceive or mis- 
lead the purchaser in any way, and the contents of any such 
package shall not be substituted in whole or in part for any 
other contents and no other material shall be substituted for the 
contents of any such package. Every statement, design or de- 
vice upon the label or package regarding the substances con- 
tained therein shall be true and correct, and every representation 
made for the feeding, condimental, tonic, or medicinal value, 
shall be true. — 


Sec. 5. Dealer to register.—No person shall offer or expose 
for sale any live stock remedy as defined in section 1 of this 
article, until he shall have registered each brand of live stock 
remedy offered for sale, with the department on blanks fur- 


OSES a Tat ee ae es 
7 : On) Sow NG ey 
m , 
Ress 


_94_ 


nished by it, on which shall be stated a list of ingredients com- 
posing said remedy. A fee of $5.00. shall be collected by the 
department of agriculture for each brand registered. 


Sec. 6. Violation—penalty.—Any person who shall violate 
any of the provisions of this article shall be deemed guilty of a 
misdemeanor and on conviction thereof be fined in any sum not 
exceeding one hundred ($100.00) dollars or be imprisoned in the 
county jail not exceeding three months. 


ARTICLE XVII 


HOTELS AND INNS 


Section 1. (8111) ‘‘Hotel’’ defined—use of term—regis- 
tration certificate —Every building or other structure, kept, used, 
maintained, advertised or held out to the public to be a place 
where food is served and sleeping accommodations are offered 
for pay, to transient guests, in which five or more are used for 
the accommodation of such transient guests, and having one or 
more dining rooms or cafes where meals or lunches are served 
to such transient guests, such sleeping accommodations and 
dining rooms being conducted in the same building, and under 
the same management, together with any buildings in connection 
therewith, shall for the purpose of this article, be deemed a 
‘‘hotel.’’? Such only shall have the right to use the name “‘hotel’’ 
in connection with their business, and, upon proper application, 
the department of agriculture shall issue to the person conduct- 
ing such business, a certificate of registration for a hotel. 


See. 2. (1812) ‘“‘Rooming House’’ defined—registration 
certificate Every building or other structure, kept, used, main- 
tained, advertised, or held out to the public to be a place where 
sleeping accommodations are furnished for pay, to transient or 
permanent guests, in which five or more rooms are used for the 
accommodation of such guests, but which does not maintain 
dining rooms or cafes in connection therewith, shall, for the 
purpose of this article, be deemed a ‘‘rooming house,’’ and 
shall not have the right to the use of the name ‘‘hotel’’ in econ- 
nection with such business. Upon proper application, the de- 


ee) Eyal 


partment of agriculture shall issue to the person conducting 
such business a certificate of registration for a rooming house. 


See. 3. (8113) ‘‘Apartment House’’ defined—registration 
certificate.— Every building or other structure, kept, used, main- 
tained, advertised or held out to the public to be a place where 
accommodations for sleeping rooms, either single or in suites 
for light housekeeping, or both, but where no dining room or 
cafe is maintained in the same building, or under the same man- 
agement, and where one or more families, or tenants aggregating 
twenty persons or more, occupy said building, together with any 
buildings in connection therewith, shall for this article be 
deemed to be an ‘‘apartment house,’’ and shall not have the 
right to use the name ‘‘hotel’’ or ‘‘rooming house’’ in connection 
with such business. Upon proper application, the department 
of agriculture shall issue to the person conducting such busi- 
ness a certificate of registration for an apartment house. 


See. 4. (8114) ‘‘Restaurant’’ defined—registration cer- 
tificate—Every building or other structure, kept, used, main- 
tained, advertised, or held out to the public to be a place where 
meals and lunches are served, without sleeping accommodations, 
‘ together with all outbuildings in connection therewith, shall, 
for the purpose of this article, be defined to be a ‘‘restaurant”’ 
and upon proper application, the department of public welfare 
shall issue to the person owning such business a certificate of 
registration for a restaurant. 


See. 5. (8115) Registration Certificates—On or before 
July Ist in each year, every person engaged in the business of 
eonducting a hotel or restaurant, or both, or a rooming house 
or apartment house, shall procure a certificate of registration 
for each hotel, rooming house, apartment house or restaurant, 
‘so conducted. One certificate shall be sufficient for each com- 
bined hotel and restaurant where both are conducted in the same 
building, and under the same management. Every certificate of 
registration shall expire on the thirtieth day of June, next follow- 
ing its issuance. No hotel, rooming house, apartment house ‘or 
restaurant shall be maintained and conducted in this state with- 
cut a certificate of registration therefor. No certificate of regis- 
tration shall be transferable. ; 


O6e 


See. 6. (Ch. 70, Laws 1917) Registration fees.—The regis- 
tration fee for each rooming house, apartment house, restau- 
rant or hotel having less than twenty sleeping rooms shall be 
two dollars, for hotels which contain twenty and not more than 
thirty sleeping rooms, the registration fee shall be three dollars, 
with an additional charge of one dollar for each additional ten 
rooms. Such fee shall be paid to the state treasurer under the 
direction of the department of finance before the certificate of 
registration is issued. Said certificate of registration shall be 
kept properly framed and in a conspicuous place in the office of 
said hotel, rooming house, apartment house, or restaurant. Said 
certificate of registration may be cancelled for cause by the de- 
partment of agriculture at any time. 


Sec. 7. (8117) Application blank.—The department of 
agriculture shall, upon request, furnish to any applicant for a 
certificate under this article the necessary blank which the appli- 
eant shall fill in, stating the full name and address of the owner 
and agent of the building, or both, the lessee and manager, 
together with a full description of the building and property to 
be used, and the location of the same. The application shall be 
accompanied by the registration fee. 

See. 8. (8120) Plumbing—lighting—ventilation—sanita- 
tion, etc.—Every hotel, rooming house, apartment house and — 
restaurant in this state shall be properly plumbed, lighted and 
ventilated, and shall be conducted in every department with 
strict regard to health, comfort and safety of the guests. Each 
sleeping room shall have at least one door, one window and a 
transom as wide as the door, leading into the hallway. No room 
shall be used for a sleeping room which does not open to the 
outside of the building or upon light wells, air shafts or courts. 
In each sleeping room there must be at least one window afford- 
ing easy access to the outside of building, light wells or courts. 


See. 9. (8121) Water closets.—In all cities and villages 
where water works and sewer system are maintained for public 
use, every hotel, rooming house, apartment house and restaurant 
therein operated shall be equipped with suitable and sanitary 
toilet facilities. All lavatories, bath tubs, sinks, drains, closets © 
and urinals in such hotels, rooming house, apartment houses or 


_97— 


restaurants must be connected by proper plumbing with the 
water and sewer systems. 

See. 10. (8122) Privies.—In all cities and villages not havy- 
ing a system of waterworks, every hotel, rooming house, apart- 
ment house or restaurant shall have properly constructed privies 
or over vaults to receive the night soil, the same to be kept clean 
and well screened at all times, and free from all filth of every 
kind. . 

Separate apartments, properly designated, shall be furnished 
for each sex. 

Sec. 11. (8128) Washroom.—Every hotel or restaurant in 
this state shall be provided with a main wash room, convenient 
and of easy access of (to) guests. 


See. 12. (8129) Towels.—All hotels and restaurants in 
this state shall furnish in the main public wash room, individual 
towels, in view and reach of the guests, and in each bedroom two 
clean towels, for each guest. Individual towels shall not be less 
than ten inches wide and fifteen inches long. 


See. 13. (3130) Sheets—pillow  slips.—All hotels and 
rooming houses shall provide each bed, bunk, cot or other sleep- 
ing place for the use of guests with pillow slips and under and 
top sheets. Every sheet shall be not less than ninety-nine inches 
long and of sufficient width to completely cover the mattresses 
and spring. Sheets and pillow slips shall be made of white 
cotton or linen, and, after being used, shall be washed and ironed 
before they are used by another guest. | 


See. 14. (8131) Bedding material—vermin.—<All bedding, 
including mattresses, quilts, blankets, pillows, sheets and com- 
forts used in any hotel or rooming house, shall be thoroughly 
aired, disinfected and kept clean. Ragged bedding shall not be 
used. Every room in a hotel, rooming house or restaurant, in- 
fected with vermin or bed bugs, shall be fumigated, disinfected 
and renovated until all vermin or bed bugs are exterminated. 


See. 15. Inspection—prosecution.—The department of agri- 
eulture shall at least once annually, inspect every hotel, rooming 
house, apartment house or restaurant in this state. It shall have 
the right of entry and access to any such places at any reason- 
able time. Whenever upon inspection the department shall find 


_98— 


that such places or the property so inspected, is not conducted 
or equipped as required by the provisions of this article, the de- 
partment shall notify the owner, proprietor, or agent in charge 
thereof. Such notice shall be in writing and shall specify the 
requirements of the department to make such place of business 
conform to the requirements of this article, and the time within 
which compliance must be had. If the requirements of the de- 
partment in such notice specified are not complied with within 
the time in such notice specified, the department may order the 
premises closed for use as hotel, rooming house, apartment house 
or restaurant until all the provisions of this article shall be com- 
plied with and if such closing order is not obeyed, the owner, 
proprietor, or agent in charge shall be enjoined and restrained 
by order of court upon a petition and showing of such violation 
by the department. 

See. 16. Notice to comply.—lIf, upon inspection, the depart- 
ment shall find that any of the provisions of this article are being 
violated, it shall serve notice in writing upon the owner, agent, 
lessee, or manager of the building or premises, which notice shall 
specify the time allowed for complying with the provisions hereof 
that if upon expiration of such time the provisions of this article 
have not been complied with, a restraining order and injunction 
shall'issue upon a petition showing such violation. 

See. 17. Violation—penalty.—Any person violating any of 
the provisions of this article, shall be fined in a sum not exceed- 
ing one hundred ($100.00) dollars or imprisoned in the county 
jail not exceeding three months. 


ARTICLE XVIII 


WEIGHTS AND MEASURES 


Section 1. Department of agriculture to enforce law.—The 
department of agriculture shall be charged with the execution 
and enforcement of all laws relating to weights and measures 
and with the supervision of all regulatory law in respect to 
weights and measures in this state. 

Sec. 2. (7514) Standard weights and measures.—Such 
standard weights and measures as have been furnished to this 


— 


£99 


state by the government of the United States, in accordance with 
a joint resolution of Congress, approved June 14, 1836, and such 
weights, measures, balances and measuring devices as may be 
received from the United States as standard weights, measures, 
balances, and measuring devices, in addition thereto, or in re- 
newal thereof, shall be authorized standards of the state of 
Nebraska. 


See. 3. (7515) Bushel—subdivisions.—A bushel shall con- 
sist of two thousand one hundred and fifty cubic inches. The 
half bushel, peck and half peck shall consist of the proper divi- 
sion and subdivision of the bushel. 


Sec. 4. (7516) Gallon.—aA gallon shall consist of two hun- 
dred and thirty-one cubic inches. 


See. 5. (7517) Pound.—A pound. avoirdupois shall con- 
sist of seven thousand grains in Troy weights. 


Sec. 6. (7518) Units of length and surface.—The units of 
standard, and measures of length and surface from which all 
other measures of extension, whether lineal, superficial or solid, 
shall be derived and ascertained, are the standards of length 
designated in this article. The yard is divided into three equal 
parts called feet and each foot into twelve equal parts called 
inches. For measures of cloth and other commodities commonly 
sold by the yard, the yard may be divided into halves, quarters, 
eighths and sixteenths. The rod, pole or perch contains five and 
one-half yards; the mile seventeen hundred and sixty yards. The 
chain for measuring land is twenty-two yards long, and is divided 
into one hundred equal parts called links. The acre for land 
measure shall be measured horizontally and contain ten square 
chains, equivalent in area to a rectangle sixteen rods in length 
and ten in breadth, six hundred and forty acres being contained 
in a square mile. 


See. 7. (7519) Units of weight.—The units of standard of 
weight from which all other weights shall be derived and ascer- 
tained, shall be the standard weights designated in this article. 
The hundred weight consists of one hundred avoirdupois pounds, 
and a ton contains twenty hundred weights. Wherever here- 
after in this article the word ‘‘pound’’ is used it shall mean the 
avoirdupois pound unless otherwise distinctly specified. 


—100- 


Sec. 8. (7520) Units of dry measure.—The units of stand- 
ards of measure of capacity for commodities not liquids, from 
which all other measures shall be derived and ascertained, shall 
be the standards for such commodities designed in this article. 
The peck, half peck, quarter peck, quart, pint, and half pint 
measures for measuring commodities which are not liquids shall 
be derived from the half bushel by successively dividing the 
measure by two. 


See. 9. (7521) Units of liquid measure.—The units of 
standards and measure of capacity for liquids, from which all 
other measures shall be derived and ascertained, shall be the 
standard liquid measures designated in this article. The liquid 
gallon shall be divided by continual division by the number two 
so as to make half gallons, quarts, pints, half pints and gills. 


See. 10. (7522) Electrical measures.—The standards of 
electrical measures recognized by the national bureau of stand- 
ards, when procured by the state, shall be the standard of elec- 
trical measures in the state of Nebraska. 


Sec. 11. (7528) Metric weights and measures. — The 
weights and measures of the metric system shall be legal weights 
_and measures in the state of Nebraska. 


Sec. 12. Weights per barrel and per bushel. Whenever 
any of the articles or commodities mentioned in this section 
shall be sold by the bushel or fractional part thereof, and no 
special agreement shall be made in writing, the measure thereof 
shall be ascertained’ by avoirdupois weight, and shall be com- 
puted as follows: 


POD DOR i lack Oh Visas eee el in ca Mie oe Ns ROR Pace eC a eg 48 pounds 
PAD DLCS is OEIC oe er Pee Ce cei LeU ake 24 pounds 
MTT alian SOC tea ee oe eeta TE  Cly 60 pounds 
BU LOY ic i a es Se ae ns ala gee sega OR en 48 pounds 
Beans,: green,” unshelled 5c ee a 56 pounds 
Beans, dried ......... TUE i 10 Ms Le ie eg NGM EC DAs Ta ae 60 pounds 
Bes RC ES PR bad Bp 6 tre ReeRseL Awe chr sre SSO aEt WE EN Ue SOO Saab MAI lca 56 pounds 
BBO ES) eR ON Oe aT a OT Ba a Le ay 56 pounds 
BING 2TASS SOO Eee ee aoa cgeiaiie womens 18 pounds 
Nhe A 2 Vpn Ri Ni tapas at Cube aN aR SE ELE ACL SEA En UN Cod SD) aS EMR ene te 20 pounds 
BS YO WARS TOTES Oe ae aay Enc regs 14 pounds 
Broom: /COLD SOO G ei! Coy SNe ey I a Oa eae 50° pounds 


Buck Wheaties Cee ee A ae ec e eae ne a 50 pounds 


EL dein at 
rE A Jag 8 diese. 2s a sa ak ae a a aa TOR BT A NEDO ANG ae 50 
WaSlOr, DEAS SOLE fe oo Me i a eer 50 
ogi) LUG AED ARR. ve EC cae eg epee A REE YW CY DR DUMP ao 20 
go A BG ICANN 2 ol GR RE DL AR A IR 1 asin Pon AR In OCD 40 
RRB Ts SOR Ci eRe ea ee I ee ea ee 60 
Eee IESE Each ths EE te ab lt hanks OOH LAL beve Mt Ns ety i CARL 80 
oc) ARB CS SRS 0. PA Sy aaa dl Ela eC DE is ea Bea en 40 
Corn il earsomipsiced <Cfield)) ico cle eres a 70 
Corn: in’ ear) unbusked (field) 00.2 es OLS 
Ma aA CLLOU re (ael Gi Ihe eth ie ca mene cess Sad I ear 56 
eben nc aps d aaa Miva 2. NY cael Ae UPR Nea dl IRR a Sih ake i 48 
MOIR ORDTI POTS ever es tt Se Ue Be 48 
Va oa REG CER IS RR IRI Pea pone nMOS 48 
Eger Ce POOL ys (uuene Zee RL a La 56 
PORT We Gen 6 GE it Tc bf eee 2 te ee eee Dea OURO, 40 
CN ea) Sree) Ciel. it (GER) RA Tek ie wa aml ae AMON gD ee OR 44 
Pipe Orie NUL Se a Mes week i a Ce ich 50 
USSR NET DPR She Dah OL) RS SS sR Te Rly AP A PERI, RI UR ed SO OU a 56 
BTS SABE kes ch ME i SRR aL UNL? oe Sel RR lea OLD mA 80 
ee Rey e EES C1 Liege Re A apy eee wa Sa 50 
TEES A eset MR date: REN ty SA eGR" AY A EE a pea 32 
BASE EGY TS ec ae Ea acigr Pe PRS 12 7 ONE EAS aa SE Oe dO 57 
CTO WTOP) SCE ee ee seo t S1Rse AOE aaTe RR ACESS i 28 
CUO D OCU TIEN Ge ce tT 32 
Orchard grass OAD AN Co RE CA ne Mc aaa 4] 
PTE AM ae TREE CCG Seach cd eget ee omg parce dow ag heorccinttindte dep epeverbdteny <n 32 
EE Ee pe OSE ge GIO ig 18 Ne SION I AS ca Go DN a 50 
Oy Sek SE Lp SO SORES) SEIN Geo) MERE a ler ROCs la 48 
LETTS Vg DEST SOU pie (0 hts Ua ae ta oe nate ae PUR Uc A wo 
[OTS URS ele 2 PART iets acy Sh. AE AZIM SUE NRO NET fee oe a I? NR eR? 
CE Sie ie cal a | EAP AIA RRO, SS at Beara sage a eR ne Ie OR 45 
eae weTeen, URSDCRLCU ooo te a a, 50 
fg Sek Aj 2c 6 (I ewe hea BR is Rete Seas DO Ete Lae WRT) 60 
Teg PCTS PSE TSR RF CoS ii ESS ra rae) eet Renal Manes Mea Ala O RECA 48 
MOO OTA SOT LUC ET we eye eel oh eats 70 
ROO OTT cS IROTIOC Sg 22, ei ee toe tk A es ee a ie 56 
CCN OSE SOND RS tbe REAR a aOR SME TMA c Ba lA RA 60 
LB E VOTO EWS SAS LIOR ts nee Pay ERO eae Leg MA Mae ae OO 48 
Ey hs Wa Cems Poo 6 LA Aaa Sola i CBE SSN eA Dag SNE 10) HOR eA leg OS Ut OR 50 
PHOCULO DT RECO ete clr eke sll ue 14 
OOS OE Wg) NORA TERRE tie SS ND iS AARP DV eles 60 
NR ah BE iy ORIN iH ane a G a  y 2 MOL ANP se AOL 56 
Fe ue ae it ROO Cnet ets at ON leew oT a 22 
Rb ERs Me baer hei (Sth pt ot Une Ly Ba La ee . 80 
£08 Se OM DR CE aT JRAARE AED VAS a ea POON Oe ta 130 
SOs mig Woh Cael AUC RES PRP DoE BANDE SA ae CIR NGO VMI nA aT Maa EET 20 
perehnum saceharatiniy seeds i Sole ie) 


pounds 
pounds 
pounds 
pounds 
pounds 
pounds 
pounds 
pounds 
pounds 
pounds 
pounds 
pounds 
pounds 
pounds 
pounds 
pounds 
pounds 
pounds 
pounds 
pounds 
pounds 
pounds 
pounds 
pounds 
pounds 
pounds 
pounds 
pounds 
pounds 
pounds 
pounds 
pounds 
pounds 
pounds 
pounds 
pounds 
pounds 
pounds 
pounds 
pounds 
pounds 
pounds 
pounds 
pounds 
pounds 
pounds _ 
pounds 


Spelt. Cement eta ees ee ee 48 pounds 
Sweet COT Fey sho ea Oa ae Sic a ee 50 pounds 
Sweet Potatoes ict ee ei nein re 50 pounds 
TIMOLNY SOOO ne ieee Ange btse moe epee 45 pounds 
TOM aAtOes ici Sie ee ee eee pee . 56 pounds 
4 gb Bap 0B 6 oh > punomeree ee ae Seaton SMAI Marge Oc oOOL ARERR a | . 55 pounds 
Walnuts y: ube) ee hel he ee it ee ne pe a 50 pounds 
WY CE ames eee ie a tie cri, ee ete tt ee 60 pounds 
All root crops not specified above... . 50 pounds 


The net weight per barrel or bushel or divisible merchant- 
able quantities shall be as follows and no packages other than 
these sizes shall be permitted; wheat flour, per barrel, 196 
pounds; per half barrel, 98 pounds; per quarter barrel sack, 
48 pounds; per one-eighth barrel sack, 24 pounds; per one-six- 
teenth barrel sack, 12 pounds; per one-thirty-second barrel sack, 
6 pounds; corn meal, per bushel sack, 48 pounds; per half bushel 
sack, 24 pounds; per quarter bushel sack, 12 pounds; per one- 
eighth bushel sack, 6 pounds; and per one-sixteenth bushel sack, 
3 pounds. Nothing in this article shall be construed to prohibit 
the sale in other sized packages, of flour prepared for special 
purposes. ; 


Sec. 138. (Chap. 235, Laws 1917) Measurements of hay in 
stack.— Unless otherwise agreed to between the contracting 
parties the following shall constitute the legal method for measur- 
ing hay in the stack and determining the tonnage of same: The 
distance from the ground, against one side of the stack to the 
ground, against the other side of the stack, directly over and 
opposite, shall be taken in feet and inches; substract from this 
measurement the average width of the staek and divide by two 
to obtain the average height of the stack; multiply the width 
by the height and the result so obtained by the average length 
of the stack, which give the cubic feet of hay in the stack. 


Sec. 14. (7525) Contracts—sales—construed.— All  con- 
tracts, sales or purchases hereafter made for work to be done, 
or for anything to be sold or delivered or done, by weight or by 
measure, within this state, shall be taken and construed in terms 
of and according to the standards of weights and measures 
adopted by this article, except where parties have agreed upon 
any other calculations or measurements; and all statements and 
representations of any kind referring to the weights or measures 


—103- 


of commodities sold or purchased, or exposed for sale, shall be 
understood in terms of the standards of weights or measures 
aforesaid. 


Sec. 15. (7526) Dry commodities—how sold.—aAll dry 
commodities not otherwise specified in this article shall be sold 
only by standard weight, numerical count or linear or surface 
measure except where parties otherwise agree. 


See. 16. (7527) Berries—small fruit.—All sales of black- 
berries, blueberries, cranberries, currants, gooseberries, rasp- 
berries, cherries, strawberries, and similar berries, also onion sets 
in package of one peck or less, may be sold by the quart, pint, or 
half pint, dry measure; and all berry boxes sold, used, or offered 
for sale, within the state shall be of an interior capacity of one 
quart, pint or half pint, dry measure. Any berry boxes, not 
conforming to this section shall be confiscated by the inspector. 


See. 17. (7528) Milk—cream—bottles—liquid commodi- 
ties.— All milk or cream that shall be sold in bottles shall be sold 
only in bottles containing half pints, pints, quarts, half gallons 
or gallons. All liquid commodities shall be sold only by stand- 
ard liquid measure or: standard weight, except where parties 
otherwise agree. 


See. 18. (7529) Butter packages.—A print or package of 
butter shall contain sixteen ounces avoirdupois. 


Sec. 19. (Chap. 141, 1915) False weights and measures— 
penalty.—A person who uses a weight, measure, balance or meas- 
uring device that is false and does not conform to the author- 
ized standard for determining the quantity of any commodity or 
article of merchandise or sells or exposes for sale less than the 
quantity which he represents, or sells or offers for sale com- 
modities in a manner contrary to law, shall be deemed guilty of 
a misdemeanor, and shall upon conviction thereof, be fined in a 
sum of not less than five dollars nor more than one hundred 
dollars, or by imprisonment in the county jail for not more than 
ninety days, or by both such fine and imprisonment. He shall 
also be liable to the injured party in double the amount of the 
property wrongfully taken or not given, to be recovered in any 
court of competent jurisdiction. The selling and delivery of any 
commodity or article of merchandise shall be prima facie eyvi- 


—10)4— 


dence of representations on the part of the vendor that the 
quantity sold and delivered was the quantity bought by the 
vendee. There shall be taken into consideration the usual and 
ordinary leakage, evaporation or waste that there may be from 
the time the package is filled by the vendor until the selling 
of the same; a slight variation from the stated weight, measure 
or quanity for individual packages is permissable, provided this 
variation is as often above as below the weight, measure or 
quantity stated. 


Sec. 20. (Chap. 141, 1915) Proving weights and measures. 
—The department of agriculture shall try and prove weights, 
measures, balances and other measuring devices, used in trade 
by any person, corporation or institution, and when the same are 
found or made to conform to the state standards, and otherwise 
fulfill such reasonable requirements as it shall make, it shall seal 
the same with a seal which it shall have and keep for that pur- 
pose. It shall at least once annually test all scales, weights and 
measures used in checking the receipts or disbursements or 
supplies in every institution for the maintenance of which moneys 
are appropriated by the legislature. 


See. 21. (7536) County sealer of weights and measures.— 
The county clerk of each county shall be the sealer of weights 
and measures for the county, and shall have the care and custody 
of the county standards. When not already provided he shall 
procure, when ordered by the county board, at the expense of 
the county, a full set of weights, measures, balances and measur- 
ing devices, which he shall cause to be tried, proved and sealed 
by the state standards under the direction of the department of 
agriculture. He shall maintain the standards and other ap- 
paratus under his charge in good order and repair and submit 
the same to the department of agriculture for verification when 
in the judgment of the department it seems necessary. 


Sec. 22. (7587) County and local standards.—Sets of 
standards for county and local sealers, if procured, shall include 
the following weights, measures, and balances, and they shall be © 
of a type approved for such use by the department of agricul- 
ture: One yard measure divided into feet and inches, and at 
least one of the inches divided into thirty seconds of an inch. 


—105- 


Dry capacity measures: One half bushel, one peck, one quart 
and one pint. Liquid capacity measures: One gallon, one quart, 
and one pint. Avoirdupois pound weights in the following num- 
ber and denomination: One fifty-pound, one twenty-pound, two 
ten-pounds, one five-pound, two two-pound, and one one-pound. 
Avoirdupois ounce and fractional ounce weight in the following 
number and denomination. One eight-ounce, one four-ounce, one 
two-ounce, two one-ounce, one one-half ounce, one one-quarter 
ounce, one one-eighth ounce, and two one-sixteenth ‘ounce. 
Twenty test weights each of fifty pounds for testing platform 
seales and other large scales, if the same are to be tested. One 
equal arm balance of capacity of fifty pounds to one-sixteenth 
of an ounce. 


Sec. 23. (7538) County—local sealers—inspectors—duties. 
—The several county and local sealers shall try and preve all 
weights, measures, balances and measuring devices when re- 
quested to do so, and when the same are found or made to con- 
form to the authorized standards they shall seal and mark such 
weights, measures, balances and measuring devices with a scale 
to be kept by them for that purpose. When any weight, meas- 
ure, balance or measuring device is found by the départment of 
agriculture to be false or untrue or not of an approved type, 
or not to conform to the standards, or which cannot be made 
to conform to the standards of the department of agriculture, 
the department shall condemn the same and mark it condemned 
in a conspicuous manner, and such condemnation mark shall not 
be removed or defaced except by authorization of the department 
- of agriculture. 


Sec. 24. (7539) County clerk—neglect of duty. — Any 
eounty clerk, who neglects to keep the standards under his charge 
in good order or repair, or who suffers any of them through his 
neglect to be lost, damaged or destroyed, or who fails to perform 
any of the duties imposed upon him herein, shall be deemed guilty 
of a misdemeanor, and, upon conviction, shall be subject to a fine 
of not less than ten dollars nor more than one hundred dollars. 


Sec. 25. (7540) County co-operation.—Nothing in _ this 
article shall be construed to prevent two or more counties from 
combining in the use of one set of standards if agreed upon by 


—106- 


the county boards.in the counties concerned, and approved by ~ 
the written consent of the department of agriculture. 

Sec. 26. (7544) Municipal inspection.—Any city or muni- 
eipality in the state may establish a. department of public in- 
spection of weights and measures, and shall have power to ap- 
point a sealer and deputies and fix their compensation, and to 
pass such ordinances, not in conflict with the state laws, as may 
be deemed necessary; and if a city or municipality shall estab- 
lish such a department, it shall provide the sealer with suitable 
quarters, a set of standards as hereinbefore specified in this 
article, and all other equipment for the proper performance of 
his duties. All city and municipal standards shall be tried, 
proved and sealed under the direction of the department of 
agriculture, and shall be returned to it for verification at least 
once in every five years. 

Sec. 27. (7545) Immediate examinations.—The county or 
local sealer who may have reason to believe that any weight, 
measure, balance or measuring device used in trade is inaccurate, 
oc not according to the standard, shall have authority to make 
an immediate examination of the same and require that the same 
be tried and tested and conform to the standards herein required. 

Sec. 28. (7547) Compensation—fees—disposition—The de- 
partment of agriculture shall receive fees as follows: For in- 
specting and sealing; railroad track seale, ten ($10.00) dollars; 
each scale over twenty-one thousand pounds capacity not includ- 
ing railroad track scales, five ($5.00) dollars; each scale over 
four thousand pounds capacity up to and including twenty-one 
thousand pounds capacity, two ($2.00) dollars; each scale over 
five hundred pounds capacity up to and including four thou- 
sand pounds capacity, one ($1.00) dollar; each scale over two 
hundred pounds up to and including five hundred pounds capa- 
city, fifty cents (50c); each scale two hundred pounds capacity 
or less, twenty-five cents (25c); and for each automatic scale one 
($1.00) dollar, and shall be entitled to collect from the owner 
or custodian of such scales herein mentioned an amount suffi- 
cient to cover the cost of transporting all necessary test weights 
to and from the location of said scales. For sealing or marking 
each beam, ten (10c) cents; for sealing or marking measures of 
extension, ten (10c) cents per yard or fraction thereof, not - 


—107— 


exceeding fifty (50c) cents for any one measure. For sealing 
or marking liquid or dry measures, ten (10c) cents for each 
measure. For sealing and marking each weight, five (5c) cents. 
He shall have a reasonable compensation for making weights and 
measures conform to the standards in his possession. The state 
sealer shall not require any fee from any county or city and all 
fees collected by the deputy state sealer or such part as is neces- 
sary shall be used in the proper enforcement of this act. The 
balance to be paid to the state treasurer and credited to the 
general fund. The inspection and sealing fees herein provided 
for shall be and constitute a lien on the weights, scales and 
measures inspected until said fees are paid and the deputy sealer 
may sue therefor in the name of the state. 


See. 29. (7548) Public Scales.—Scales may be erected in 
the State of Nebraska for public use at public expense. In 
counties under township organization, a township may at the 
annual meeting provide for the erection and determine the loca- 
tion and number of scales for the township and levy a tax to 
pay for the same. 


See. 80. (7549) Weighmaster.— When such scales are pro- 
vided for, the township board shall appoint a weighmaster, upon 
petition of the electors living in the immediate vicinity of the 
scales so located, who shall, under oath, promise to perform the 
duties of his office faithfully and honestly and the weighmaster 
so appointed shall continue in office until removed by the town- 
ship board or by resignation. 


Sec, 31. (7550) Scales—testing The township board 
shall from time to time, as in their Judgment seems necessary, 
test the scales as to their accuracy and properly adjust the same. 


Sec. 82. (7551) Disputes—Whenever disputes arise be- 
tween two parties, within the limits of the township where such 
scales are located, over the first weighing of any articles, the 
same shall be weighed a second time on the public seales, and the 
weighmaster’s receipt therefor shall be final. 


‘See. 33. (7552) Fees for weighing.—The township board 
shall fix and regulate the fee or salary of the weighmaster and 
the fees if any for weighing. 


See. 34. (7553) Petitions for scales—Townships in coun- 


—108- 


ties under commission organization, desiring to adopt the pro- 
visions of the five next preceding sections, shall petition to the 
county board of such county, and where a majority of the elect- 
ors so petition, the same shall be granted. All duties and powers 
imposed upon township officers by said sections where counties 
are under township organization shall be performed by the 
county board of counties under commission organization. 


See. 35. (7554) Size of brick.—The standard size of brick 
sold in the State of Nebraska shall be eight and one-fourth inches 
long, four inches wide, and two and one-half inches thick. 


See. 36. (7555) Brick—selling.—No person shall sell any 
brick of any other size than that specified in the next preceding 
section, without, at the time of the sale, notifying the purchaser, 
in writing, of the size of such brick. 


Sec. 37. Coal, coke and charcoal—rules for sale of.—It shall 
be unlawful to sell or offer to sell in this state any coal, charcoal, 
or coke in any other manner than by weight. No person, firm 
or corporation shall deliver any coal, charcoal or coke, without 
each such delivery being accompanied by a delivery ticket and 
duplicate thereof, on each of which shall be in ink or other in- 
delible substance, distinctly expressed in pounds, the gross 
weight of the load, the tare of the delivering vehicle, and the 
net amount in weight of coal, charcoal or coke contained in the 
cart, wagon or other vehicle used in such deliveries, with the 
name of the purchaser thereof and the name of the dealer from 
whom purchased. One of these tickets shall be surrendered by 
the person in charge of the load to the inspector upon demand, 
for his inspection, and a ticket or weight slip issued by the in- 


spector, when the inspector desires to retain the original, shall 


be delivered to said purchaser of said coal, charcoal or coke, or 
his agent or representative at the time of the delivery of the 
fuel; and the other ticket shall be retained by the seller of the 
fuel. When the buyer carries away the purchase, a delivery 
ticket, showing the actual number of pounds delivered must be 
given to the purchaser at the time delivery is made. The deputy 
sealer or any of his assistants, or inspector, are hereby empowered 
to compel the party or parties having charge of such coal, char- 
coal or coke to bring same on demand to a scale designated by 
the said deputy sealer or his assistant or inspector and weighed 


—109- 


for the purpose of proving the true net weight of the article 
or commodity. AA 


Sec. 38. Automatic pay scales—license for.—It shall be un- 
lawful for any person, firm or corporation by himself, or as the 
officer, servant, agent, or employe of any person, firm or corpora- 
tion to operate or use or display for use any scale or scales, 
known as money in the slot or automatic scale or seales or any 
weighing device, apparatus or machine, which is used or intended 
for use to determine the weight of any person or persons, where 
compensation is derived, or any public or custom seale for which 
a fee is charged or accepted for weighing, unless said seale or 
device is licensed by the deputy sealer. Upon payment of the 
license fee of three ($3.00) dollars, the deputy sealer shall issue 
a metal license tag bearing the words ‘‘Licensed by the Deputy 
Sealer of Weights and Measures, Nebraska, No.....0002..000000200...- ty 
each tag to be numbered consecutively and bear the year for 
which license is valid. The tag shall be displayed prominently 
on the front of the weighing device and the defacing or wrong- 
ful removal of such tag shall be deemed a misdemeanor. Ab- 
sence of the license tag shall be prima facie evidence that the 
weighing device is being operated contrary to law. No license 
shall be issued until the annual fee of three ($3.00) dollars is paid 
to the deputy sealer for each seale or weighing device operated 
or used. Any person desiring to secure said license shall make 
application therefor upon blank to be furnished by the deputy 
sealer. The deputy sealer may withhold or revoke any license 
for cause. All licenses issued under this Act shall expire De- 
cember 31st, of each year. 

See. 39. (7557) Violation—penalty.—Any person violating 
any of the provisions of the two next preceding sections shall, 
on conviction, be fined in any sum not less than one hundred 
dollars nor more than five hundred dollars. 


ARTICLE XIX. 
COMMERCIAL FERTILIZER 


Section 1. Labeling required—contents of label—That any 
person, firm or corporation, their agent or employe who shall 
offer, sell or expose for sale by sample or otherwise in the State 


—110- 


of Nebraska any commercial fertilizer or fertilizer material, the 
selling price of which is more than three dollars per ton, shall 
attach to each bag or package in a conspicuous place on the out- / 
side thereof or furnish to the purchasers of goods sold in bulk a | 
plainly printed certificate giving the items as listed below and > 
in the following order: 


1. Number of pounds net in the package sold. 


2. Brand name or trade-mark under which the package is 
sold. 


3. Guaranteed chemical analysis stating the percentage of: 
a. Available Nitrogen as ammonia (NH3). 
b. Available Phosphoric Acid (P205). 
e. Potash (K20) soluble in distilled water. 


4. A list of all materials used as ingredients. 


5. Name of manufacturer, and location of principal office 
or state distributing office. 


Sec. 2. Samples furnished—license—fee.—Before any com- 
mercial fertilizer or fertilizer material is sold or offered for sale, 
the manufacturer or party who causes it to be sold or offered for 
sale within the State of Nebraska shall furnish a two (2) pound 
sample to the department of agriculture and shall file in its of- 
fice a certified copy of the certificate referred to in Section 1 of 
this article and shall pay to the department on or before May 1 
of each year a license of twenty dollars for each brand of fer- 
tilizer offered for sale or sold within the State. Provided, that 
whenever the manufacturer or importer shall have paid the 
license fee herein required for any year, no other person shall 
be required to pay such license fee for that brand. 


Sec. 3. Powers of Department of Agriculture.—The depart- 
ment shall enforce the provisions of this article and may publish 
annually a report of all analysis made and certificates filed. The 
department shall exercise in the enforcement of this article, all 
the authority and powers now granted under the food, drug, 
dairy and oil laws of the State of Nebraska. The department 
is hereby authorized to take for analysis a sample from any lot 
or package of commercial fertilizer in this state not exceeding 
two (2) pounds in weight. 


—111- ° 


Sec. 4. Disposition of fees collected.—All fees collected by 
the department in the enforcement of this article shall be paid 
to the state treasurer and credited to the department, and the 
fees in his fund and the funds provided for the department, or 
as much as may be necessary, shall be set aside for the enforce- 
ment of this article. 

See. 5. Violation—penalty.—Any person, firm or corpora- 
tion, their agent or employe who shall offer or expose for sale 
or sell any commercial fertilizer in the State of Nebraska with- 
out complying with the provisions of this article or who shall 
use an analysis regarding any commercial fertilizer which shall 
be false as to the constituents named in Section 1 of this article, 
or who shall obstruct or interfere with the department in the 
discharge of its duties shall be deemed guilty of a misdemeanor 
and upon conviction shall be fined not less than twenty-five 
($25.00) dollars nor more than one hundred ($100.00) dollars 
for each offense. 


ARTICLE XX 
TUBERCULAR LIVE STOCK 


Section 1. Acceptance of federal appropriation. Assent is 
hereby given to the provisions of an act of Congress entitled, 
‘“‘An Act making appropriations for the department of agricul- 
ture for the fiscal year ending June 30, 1919, approved October 
1, 1918, and the good faith of this state is hereby pledged to 
provide sufficient funds in co-operation with and supplementary 
to payments to be made by the secretary of agriculture with 
respect to compensating the owner of tubercular cattle destroyed 
when in the discretion of said secretary of agriculture and the 
department of agriculture, it shall be necessary. 

Sec. 2. Bovine tuberculosis fund—appropriation.—For the 
purpose of carrying out the provisions of this article there is 
hereby appropriated out of the general fund of the State of 
Nebraska the sum of $75,000.00, or so much thereof as may be 
necessary. The funds herein appropriated shall be placed by the 
auditor of public accounts and the state treasurer to the credit 
of a fund to be known as the Bovine Tuberculosis Fund, and 
warrants not exceeding the amount herein appropriated shall 


—112- 


be drawn by the auditor upon certificates presented by the de- 
partment of agriculture, and warrants so drawn shall be paid 
by the state treasurer. 


Sec. 3. Testing cattle shipped into state——Hereafter all | 
cattle shipped into this state, except those shipped in for im-| 
mediate slaughter, and all cattle shown at the Nebraska State 
Fair, may in the discretion of the department be tested for the 
disease known as tuberculosis under rules and regulations which 
the secretary of agriculture and the department of agriculture 
' shall from time to time prescribe; provided, however, in addition 
to the above test said department, may order a retest within 
sixty days after the original test. 


Sec. 4. Department to make rules, etc.—The department 
shall make necessary rules and regulations to carry into effect 
the purposes of this article, and any regulations so made shall be 
published in a newspaper, or in aS many newspapers as said de- 
partment may deem necessary, or they shall be posted in not less 
than five public places, and such publication shall be deemed 
legal notice to all persons. 


Sec. 5. Power to prohibit arrival and departure of affected 
stock.—Authority is hereby given to the department to regulate 
or prohibit the arrival in or departure from the state, or any 
portion of the state, of any such exposed or affected animals, and 
at the cost of the owner or owners thereof to detain such animals 
found in violation of said regulations or prohibitions. 


Sec. 6. Examination at owner’s request.—Whenever any 
owner or owners of dairy or beef animals in this state believe 
that any of said animals owned by him are infected with the 
disease known as tuberculosis upon written request made to the 
department, said department may send its agent who shall be a 
duly licensed and experienced veterinarian to test the animal of 
said owner for the disease known as tuberculosis, at the expense 
of said state. If it appears necessary for the control or the 
eradication of such disease that any animal or animals found - 
infected shall be destroyed, they may be killed and compensa- 
tion shall be paid the owner thereof: Provided, however, that 
in no ease shall payment by the State of Nebraska be more than 
twenty-five ($25.00) dollars for any grade animal or more than 


—113- 


fifty ($50.00) dollars for any pure bred animal. The maximum 
valuation herein provided shall be exclusive of any compensa- 
tion paid or reimbursement made to the owner or keeper of said 
tuberculous cattle by the secretary of agriculture or its agent 
for the destruction thereof as contemplated by said act of Con- 
gress referred to in Section | of this article. No payment by 
way of compensation shall be made by the State of Nebraska 
unless the owner has complied with all lawful quarantine regula- 
tions, and that no payment made by the state as compensation 
for any tuberculous animal destroyed shall exceed one-third of 
the difference between the appraised value of such animal and 
the value of the salvage thereof. No compensation will be paid 
any owner of tubercular cattle whose entire herd is not under 
Federal and State supervision for the eradication of tuberculosis. . 


Sec. 7. Appraisal of animals before killing—Before any 
animals infected with tuberculosis shall be ordered killed, they 
shall be appraised by a representative of the bureau of animal 
husbandry of the United States department of agriculture, and 
a representative of the state. If the representative of the de- 
partment of agriculture and the representative of the state shall 
disagree as to the amount of the appraisal, or if the owner re- 
fuses to accept the appraised value, the animal shall be appraised 
in accordance with the laws and regulations of the state in which 
animals are destroyed under Section 152, Revised Statutes of 
Nebraska for 1913, as amended by Section 1, Chapter 11, Session 
Laws of Nebraska for 1915. In the appraisal of tuberculous 
cattle, due consideration shall be given to their breeding value 
as well as to their dairy or meat value. 


Sec. 8. Report of liens to be made before payment for cattle 
destroyed.—When any dairy or beef animals have been destroyed 
pursuant to this act, the agent of the department of agriculture 
in charge shall take reasonable precautions to determine prior 
to his approval of vouchers in which compensation therefor is 
claimed, who is the owner thereof, and whether there are any 
mortgage or other liens outstanding against said animal. If it 
appears there are outstanding liens, a full report regarding same 
shall be made, and shall accompany the voucher. Every such 
report shall include a description of the lien, the name of the 
person or persons having possession of the documentary evidence 


—114- 


thereof and a statement showing what arrangements, if any, have 
been made to discharge the lien outstanding against the animals 
destroyed, of which the agent of the department in charge may 
have knowledge. 


ARTICUE XoG. 
PUBLICITY 


Section 1. Information furnished.—The department of agri- 
culture shall serve as an information bureau in reference to the 
State’s resources, industries and development and shall assemble 
data regarding the resources and industries of the state to the 
physical, economical and social conditions existing therein. 


The department of agriculture shall publish the facts ascer- 
tained and by means of publicity, promote the development of 
the resources of the state to the welfare of its inhabitants. 


TITLE IV. 
THE DEPARTMENT OF LABOR 


ARTICLE 1. 
GENERAL POWERS 


Section 1. (See R. 8., Ch. 3554.) Powers specified.—The 
governor, through the agency of the department of labor created 
by this act ,shall have the power: 


1. To foster, promote and develop the welfare of wage 
earners ; 

2. To improve working conditions ; 

3. To advance opportunities for profitable employment; 

4. To collect, collate, assort, systematize, and report statis- 
tical details relating to all departments of labor, especially in 
its relation to commercial, industrial, social, economic and eduea- 


—115- 


tional conditions, and to the permanent prosperity of the manu- 
facturing and productive industries ; 7 

5. To require and diffuse useful information on subjects 
connected with labor in the most general and comprehensive sense 
of the word; 

6. To acquire and diffuse among the people useful infor- 
mation concerning the means of promoting the material, social, 
intellectual and moral prosperity of laboring men and women; 

7. To acquire and diffuse information as to the conditions 
of employment and such other facts as may be deemed of value 
to the industrial interests of the state; 

8. To acquire and diffuse information in relation to the 
prevention of accidents, occupational disease and other related 
subjects ; 

9. To administer and enforce the workmen’s compensation 
laws or employers’ liability acts of the state, and for that pur- 
pose the secretary of the department of labor shall be the deputy 
commissioner of labor and compensation commissioner, and the 
duty hereby imposed upon him, as such, of executing all of the 
provisions of Article VIII., Chapter 35, Revised Statutes of Ne- 
braska for the year 1913, and any and all act or acts amendatory 
thereof. . 


ARTICLE II. 
EMPLOYMENT REGULATIONS 


Section 1. Governor to enforce law.—In addition to the gen- 
eral powers conferred upon the governor in the preceding article, 
he is hereby invested with the power and charged with the duty 
of enforcing, through the agency of the department of labor 
created by this act, all of the provisions contained in this article 
and all provisions which may be hereafter enacted as amendatory 
thereof. | ; 

Sec. 2. (38558) Free employment bureau.—The department 
of labor shall establish and maintain in its office and in connec- 
tion therewith, a free public employment bureau. 

Sec. 3. (8562) Duty of employers to supply seats.—It shall 
be the duty of every agent, proprietor, superintendent or em- 
ployer of female help within the state of Nebraska to provide a 


—116- 


chair, stool or seat for each and every such employee, upon which 
their female workers shall be allowed to rest when their duties 
will permit, or when said position does: not interfere with the 
faithful discharge of their duties. 


Sec. 4. (8563) Same—penalty for not providing.—Any 
agent, proprietor, superintendent or employer in the state of 
Nebraska failing to comply with the requirements of the preced- 
ing section shall be deemed guilty of a misdemeanor and upon 
conviction thereof shall be fined in a sum not less than ten 
($10.00) dollars nor more than two hundred ($200.00) dollars 
and stand committed until such fine be paid, and shall also be 
liable to an action for damages to the employee whose health 
has been injured by such neglect. 


See. 5. (Ch. 71, 1915) Hours of employment of females.— 
In metropolitan cities and cities of the first class no female shall 
be employed in any manufacturing, mechanical or mercantile 
establishment, laundry, hotel or restaurant, office or by any pub- 
lic service corporation in this state more than nine hours during 
any one day or more than fifty-four hours in one week. The 
hours of each day may be so arranged as to permit the employ- 
ment of such female at any time from six o’clock A. M. to ten 
o’clock P. M., but in no case shall such employment exceed nine 
hours in any one day, nor shall such female be employed except 
by public service corporations ,between the hous of 10:00 P. M. 
and 6:00 A. M. : 


Sec. 6. (3565) Hours required posted up.—Every such em- 
ployer shall post, in a conspicuous place in every room where 
such females are employed, a printed notice stating the number 
of hours of work required each day, the hours of commencing 
and stopping,.the time allowed for meals. Printed forms for 
such notices shall be furnished by the department. 


Sec. 7. (R. 8. 3567) Penalty—Any employer, overseer, 
superintendent or other agent of any such employer who shall 
violate any of the provisions of the next two preceding sections, 
shall upon conviction, be fined for each offense in a sum not 
less than twenty ($20.00) dollars nor more than fifty ($50.00) 
dollars. 


Sec. 8. (R. 8. 3668) Labor unions adopt trade marks.—It 


¥ 


-117- 


shall be lawful for associations and unions of working men to 
adopt, for their protection, labels, trade marks, and other forms 
of advertisement, announcing that goods manufactured by mem- 
bers of such association or unions are manufactured by them. 


See. 9. (3569) Labels—record—certificate.—Every person, 
association or union of working men or others who have adopted 
or who shall adopt for their protection any label, trade mark or 
form of advertisement, may file the same for record in the office 
of the department of labor. The department shall thereupon de- 
liver to such person, association or union a duly attested certi- 
ficate of the record of the same for which it shall receive a fee 
of two dollars. Such certificate shall in all actions and prosecu- 
tions, under the following three sections, be sufficient proof of 
the adoption of such label, trade mark or form of advertisement, 
and the right of such person, association or union to adopt the 
same. 


See. 10. (3570) Protection—injunction.—Every person, as- 
sociation or union adopting a label, trade-mark or form of adver- 
tisement, as specified in the preceding section, may enjoin the 
manufacture, use, display or sale of any counterfeit or imitation 
thereof, and recover any damages resulting from such wrongful 
manufacture, use, display or sale, and the profits derived there- 
from together with a reasonable attorney’s fee to be fixed by the 
court; and the court shall also order all such counterfeits or 
imitations destroyed. 


See. 11. (8571) Unauthorized use—penalty.—No person or 
corporation shall imitate any label, trade-mark or form of adver- 
tisement adopted as provided in the second preceding section, or 
knowingly use any counterfeit or imitation thereof, or use or 
display such genuine label, trade-mark or form of advertisement, 
or the name or seal of such person, union or association, or of 
any officer thereof unless authorized to do so, or in any un- 
authorized manner. Any person violating any provisions of this 
section shall upon conviction be imprisoned in the county jail not 
more than thirty days, or be fined not less than twenty-five 
($25.00) dollars nor more than one hundred ($100.00) dollars. 


See. 12. (8572) Laborer’s service letter—Whenever any 
employee of any public service corporation or of a contractor 


—118- 


who works for such corporation or contractor doing business in 
the state of Nebraska shall be discharged or voluntarily quits 
the service of his employer, it shall be the duty of the superin- 
tendent or manager, or contractor, upon the request of such 
employee, to issue to such employee a service letter, setting forth 
the nature of the service rendered by such employee to such cor- 
poration, or contractor, and the duration thereof and truly stat- 
ing the cause for which such employee was discharged or quit 
such service. 


See. 13. (8573) Same—form.—Such letter shall be written 
in its entirety upon a plain sheet of white paper to be selected 
by such employee. No printed blank shall be used, and if such 
letter be written on a typewriter, it shall be signed with a pen 
and black ink, and immediately beneath the signature shall be 
affixed the official stamp or seal of such superintendent, manager 
or other official of such corporation or contractor, in an upright 
position. There shall be no figures, words or letters used upon 
such piece of paper except such as are plainly essential either in 
the date line or address or the body of the letter or the signature 
and seal or stamp thereof, and no such letter shall have any piec- 
ture, imprint, character, design, device, impression or mark, 
either in the body or the face or back thereof. 


Sec. 14. (8574) Penalty.—If any superintendent, manager 
or contractor shall fail or refuse to issue such letter to such em- 
ployees (on) request, or wilfully fail, or negligently refuse to give 
such letter, or fail to state the facts therein correctly, he shall, 
upon conviction, be punished by a fine of not less than one 
hundred ($100.00) dollars, nor more than five hundred ($500.00) 
dollars, for each offense, or by imprisonment in the county jail - 
for a period of not less than one month and not more than one 
year. 


ARTICLE III. 


CHILD LABOR. 


Section 1. Child under fourteen not to work.—No child un- 
der fourteen years of age shall be employed, permitted or suf- 
fered to work in, or in connection with any theatre, concert hall, 
or place of amusement, or in any mereantile institution, store, 


rome 


ae eee —119- 


office, hotel, laundry, manufacturing establishment, bowling alley, 
passenger or freight elevator, factory or work shop, or as a mes- 
senger or driver therefor within this state. No person, firm or 
corporation shall employ any child under fourteen years of age 
in any business service whatever during the hours when the public | 
schools of the school district in which the child resides are in 
session. 


Sec. 2. (2576) Employment certificate for child over four- 
teen.—No child between fourteen and sixteen years of age shall 
be employed, permitted or suffered to work in any theatre, con- 
cert hall or place of amusement, or in any mercantile institution, 
store, office, hotel, laundry, manufacturing establishment, bowl- 
ing alley, passenger or freight elevator, factory or workshop, or 
as a messenger or driver thereof, within this state, unless the per- 
son or corporation employing him procures and keeps on file and 
accessible to the truant officers of the city, the department of 
labor, and its assistants and employees, an employment certificate 
as hereinafter prescribed and keeps two competent lists of all 
such children employed therein, one on file and one conspicuous- 
ly posted near the principal entrance of the building in which 
such children are employed. Upon the termination of the em- 
ployment of a child so registered, and whose certificate is so filed, 
such certificate shall be forthwith transmitted by the employer 
to the city or county superintendent of schools of the county in 
which the child resides, and shall be turned over to the child 
named therein upon demand. Any truant officer, the department 
of labor or its assistants and employees may make demand on 
any employer in whose place of business a child apparently under 
the age of sixteen years is employed or permitted or suffered to 
work, and whose employment certificate is not then filed as re- 
quired by this section, that such employer shall either furnish 
him, within ten days, evidence satisfactory to him that such child 
is in fact over sixteen years of age, or shall cease to employ or 
permit or suffer such child to work in such place of business. 
The same evidence of the age of such child may be required from 
such employer as is required on the issuance of an employment 
certificate as hereinafter provided, and the employer, furnishing 
such evidence shall not. be required to furnish any further evi- 
dence of the age of the child. In case such employer shall fail 


—120- 


to produce and deliver to the truant officer or the secretary of 
labor within ten days after demand for the same, such evidence 


of the age of any child as may be required of him under the 


provisions of this article and shall thereafter continue to employ 
such child or permit or suffer such child to work in such place 
of business, proof of the giving of such notice and of such failure 
to produce and file such evidence shall be prima facie evidence 
in any prosecution brought for a violation of this section, that 
such child is under sixteen years of age and is unlawfully em- 
ployed. . 


Sec. 3. (3577) Employment certificate approved by school 
superintendent.—An employment certificate shall be approved 
only by the superintendent of schools of the school corporation 
in which the child resides, or by a person authorized by him in 
writing, or where there is no superintendent of schools, by a 
person authorized by the school district officers; Provided, no 
school district officer or other person authorized as aforesaid shall 
have authority to approve such certificate, for any child then in, 
or about to enter, his own employment, or the employment of a 


firm or corporation of which he is a member, officer or employee, — 


or in whose business he is interested. The officer or person ap- 
proving such certificate shall have authority to administer the 
’ oath provided for therein, or in any investigation or examination 
necessary for the approval thereof. No fee shall be charged for 
approving any such certificate nor for administering any oath 


or rendering any services therein in respect thereto. The board 


of directors of such school corporation shall establish and main- 
tain proper records where. copies of all such certificates and all 
documents connected therewith shall be filed and preserved, and 


shall provide the necessary clerical services for carrying out the 


provisions of this article. 


Sec. 4. (3578) Employment certificate—how issued.—The 
person authorized to issue an employment certificate shall not 
issue such certificate until he has received, examined, approved 
and filed the following papers duly executed; the school record 
of such child, properly filled out and signed as provided in this 
article showing the child has completed the work of the eighth 
grade of the public schools, or its equivalent, or is regularly at- 
tending night school in compliance with this article; a passport 


—121- 


or duly attested transcript of the certificate of birth or baptism, 


or other religious or official record showing the date and place - | 


of birth of such child. A duly attested transcript of the birth 
certificate filed according to law with a register of vital statistics, 
or other officer charged with the duty of recording births, shall 
be conclusive evidence of the age of such child. The affidavit of 
the parent, or guardian, or custodian of a child which shall be 
required, however, only in case none of the documents mentioned 
above can be produced and filed, showing the place and date of 
birth of such child, which affidavit must be taken before the of- 
ficer issuing the employment certificate. Such employment cer- 
tificate shall not be issued until such child has personally 
appeared before and been examined by, the officer issuing the 
certificate, and until such officer shall, after making such examin- 
ation, sign and file in his office a statement that the child can 
read and legibily write simple sentences in the English language 
and that, in his opinion, the child is fourteen years of age, or 
upwards, and has reached the normal development of a child 
of its age, and is in sound health and is physically able to per- 
form the work which it intends to do. In doubtful cases such 
physical fitness shall be determined by a physician provided by 
the department of labor. Whenever the person authorized to 
issue the employment certificate is in doubt about the age of a 
_¢ehild, he may require the party or parties making application 
for the certificate to appear before the judge of the juvenile 
court, or the county judge where the question of the age of the 
child shall be determined and the judgment of the court shall 
be final and binding upon the person issuing the certificate. 
Notice of the hearing before the court shall be given to some 
one of the persons authorized to demand inspection of employ- 
ment certificates. HKvery employment certificate shall be signed 
in the presence of the officer issuing the same by the child in 
whose name it is issued. 


Sec. 5. (8579) Statement in certificate—Such certificate 
shall state the date and place of birth of such child and deseribe 
the color of the hair and eyes, the height and weight and any 
distinguishing facial marks of such child and that the papers 
required by the preceding section have been duly examined, ap- 
proved and filed, and that the child named in such certificate 


—122.- 


has appeared before the officer signing the certificate and been 
examined. 


Sec. 6. (8580) School record furnished.—The school record 
shall be signed by the teacher and principal of the school which 
such child has attended and shall be furnished on demand to a 
child entitled thereto. It shall contain a statement certifying 
that the child has regularly attended the public schools, or 
schools equivalent thereto or parochial schools for not less than 
three-fourths of the school year prior to his arriving at the age 
of fourteen years, or during the year prior to applying for such 
school record, and is able to read and write simple sentences in 
the English language. It shall also state the amount of work 
completed by such child, measured by-the grade of the puble 
day schools in the city or county. Such school record shall also 
vive the age and residence of the child as shown on the records 
of the school, and the name of its parent or guardian or custodian. 


See. 7. (8581) School officers furnish duplicate certificates. 
—The superintendent of public schools in all cities and towns 
having a population of more than one thousand (1000) accord- 
ing to the last official census, and the presiding officer of all other 
school boards shall furnish a duplicate copy of all certificates 
issued under the provisions of this article to the department of 
labor. The duplicate certificates as to form are set forth in 
Section 3593 of this article, and must be filed with the depart- 
ment of labor at the time of the issuance of the original certificate. 

See. 8. (8582) School attendance required.—Reegular at- 
tendance of a child at any public evening school, maintained in 
any city or village where instruction is given not less than twenty 
weeks each year, and three evenings each week, and two hours. 
each evening, shall authorize the issuance of. a certificate of em- 
ployment where the schooling certificate fails to show that the 
child has completed the work of the eighth grade, if the school- 
ing certificate and all other certificates are otherwise is (in) due 
form, and the applicant further produces a certificate from the 
superintendent or principal of such public evening school, show- 
ing the regular attendance of such child at such evening school, 
and if the child employed under such certificate shall furnish to 
his employer a weekly certificate showing regular attendance 
each week while the evening school is in session. Whoever em- 


—123- 


ploys a child in violation of the provisions of this article shall, 
on conviction, be fined not more than fifty ($50.00) dollars for 
each offense. A parent, guardian or custodian who permits a 
child under his control to be employed in violation of the pro- 
visions of this article shall, on conviction, be fined not more than 
twenty ($20.00). dollars. 


See. 9. (3583) Form of age and schooling certificate—The 
age and schooling certificate provided for herein shall be made 
out upon blank forms furnished in triplicate by the department 
and shall be in the following form: 


SCHOOL ATTENDANCE CERTIFICATE 


co = le SRS tes Sag 0 5 OER alte ES eS OR ete Cee GoPienie tebe me ee AO , Nebraska, 
(Name of School) (City or Town) 
oa Boa pe NORE ES See OS GS Sa ie eee ered OGe es. 
(Date) 
EMU: Leb et ge Cote 76 aE Bae aC Te ie ee ep a hehe en fps 


(Name of child) 
has completed the work of the... th grade, can read and write 
legibly simple sentences in the English language. . 
This also certifies that according to the records of this school 


LAI awl CRIS YEN AEST RE Om a) See 5 ca) CAEN ec rk ere a a was 
(Name of child) 
{ia G02 oie a Se AAR ae calle A ani 3 Akay ne aa PA AN Saeki al TSH ae i le Wane RD oP county. 
(City or town) 
SMA 0) SS ee einen et Pak keene) As Chtt OM Sa Site And RL Rabe SAD ARA San ee and is 
(Date) 
FLORA Ch it econ NAehe Vir aNee: 06 na ye aa months old, and has attended 


(Name of parent or guardian) (Residence) 
Retest Tet EEO tne ge a SE Se, Er ead de Bech eee ah Sha Mecca tay Nae erasts 
Teacher. 
(ON eae ES ota Eo URE piety A eta yee te UE ae aaa. Se dh ap nn nell pia e nae Arak ates ae MOD 
Principal. 


AGE AND SCHOOLING CERTIFGICATE. 


“ig as Me ice MES RR ae SP A SNODP ES Kit mit creatinine aes hh Ura ee 
(City or town) (Date) 

PAIR COLPILLCS Ua brut ATU. CC ee ee cls A at ee ee ee tinea hehe nena tece 

(Father, mother, guardian or custodian) 

Nia Te Ap A US ae Site ests eat a ae nalts, Aaa iy ae SO Na eae eet es was born 


(Name of child) 


(Signature of father, mother, guardian or custodian.) 
COENEN ae NRG bee DN eee > Nebraska iit 
(Name of city or town) fi (Date) 
‘There personally appeared before me the above namedeinn.eccecceccceecee-- 
2 RRA AT AeA sscjerteislsioliisntyinensiiet nica ciii taind being sw Ora peeeniedn et 
(Name of person signing) 
the : foregoing. certificate Dy.2 2 ea signed is true to the 
. (him or her) 
BOSE OF Oe ea sores a knowledge or belief. 
(his or her) 


I hereby approve the foregoing certificate Ofc ccccccccccecccccteccceceseeseestcreeecteorse 


(fair or dark) (color) (color) 
having no, sufficient reason to: doubt) thats 2 je) ee is of the 


age herein certified. . I hereby certify that... 2 2) oe 
(he or she can, cannot) 


Pead (At Sieh candy Coli Cen ea end write legibly simple sentences in the 
English language, that said child has appeared before me and been 
personally examined by me; that all certificates and papers required 
by law have, in due form, been presented to, and approved by me, and 
the same have been placed on file. 
(In case the child is attending school insert here the following: ) 
Ee durthereertity That oe os ee eee Sad is regularly attending the 


Tae neem canner onan nae ence nese wn sana we senna sen n wan en snes man ane n ae mwene sen cree nas eee nen sn ees-mqeeweneeaeececenceucnsecccaccé 


(Name of School) 

This certificate shall continue in force only so long as the regular 
attendance of said child at said school is certified weekly by a teacher 
thereof. ; 

This ‘tertificate: belongs’ to.k. eo a 3 

(Name of child) 
and is to be surrendéred to the superintendent of schools whenever 
ENT Me np eke ESRC Aa Le OP nae! leaves the service of the person, firm or corporation 

(he or she) 
ho‘ding the same as employer. 

(Signature and official title of person authorized to approve 
to approve and sign.) 


ee lo 
RAMOS EHAD LOVE Ce ee ee lads ae SUA PS SA Re el CI Authority 
1 tg Bh 2s Ue ROE EIEN ONS eee the se ees ae VOLTA ah Dat cams ou RU 
CSUs Waa es Ae Bt) OA 1a 6 EEE DUR alae ML oasaiad atlesre TAN NUD A. PML ADK dt Une Vain nc Me 


EVENING SCHOOL ATTENDANCE CERTIFICATE. 


Pee PATIO EN ae RE Le NS ey One RAO oe 2 
(Name of child) 
ipibesiseered im andsresularky attends They ee ee 
evening school. This also certifies that according to the records of my 
a ur Re Wek PPR AMT EN Rs GLY I 9 ou LC 6 ROTA a OD: HAIL ARMM RA Ly SA ROAD od VRE Seah oA ms 
(Name of child) 
Sei AIN Es Ts Ef Reliant te SELES af Oa eho eR RN Te A MOG, SO Pee On Nes 
(Name of city or town) 
SEAS ie ERR RLS Ns i ee re PAR mee ae SERENE CRS ELEDW Nog tut ae ue old 
(Name of parent or guardian.) 


(Signature of teacher. ) 


(Signature of principal.) 


Duplicate copies of such certificates shall be retained in all 
eases by the person or ‘officer issuing the same and kept on file 
by the superintendent of schools or school district directors of 
the county in which the same are issued. 


Sec. 10. (8584) Limit of working hours.—No person under 
the age of sixteen years shall be employed or suffered or per- 
mitted to work in any theater, concert hall or place of amuse- 
ment, or in any mercantile institution, store, office, hotel, laundry, 
manufacturing establishment, packing house, bowling alley, pas- 
senger or freight elevator, factory, workshop, beet field or as a 
messenger or driver, more than forty-eight hours in any one 
week, nor more than eight hours in any one day, nor before the 
hour 6 o’clock in the morning, nor after the hour of 8 o’clock 
‘in the evening. Every employer shall post in a conspicuous place 
in every room where such children are employed a printed notice 
stating the hours required of them each day, the hours of com- 
mencing and stopping work, and the time allowed for meals. 
The printed form of such notice shall be furnished by the de- 
partment of labor. 


See. 11. (8585) Penalty—Whoever employs a child under 


sixteen years of age and whoever, having under his control a 
ehild under such age, permits such child to be employed in viola- 
tion of this article shall for each offense be fined not more than 
fifty dollars; and whoever continues to employ any child in viola- 
tion of either or any section of this article, after being notified 
by a truant officer, or by the department of labor or by its assist- 
ants or employees, shall for every-day thereafter that such em- 
ployment continues be fined not less than ($5.00) dollars nor 
more than twenty ($20.00 dollars. The failure of an employer 
of child labor to produce, upon request of a person authorized 
to demand the same, any employment certificate or list required 
by this article shall be prima facie evidence of the illegal employ- 
ment of any child whose employment certificate is not produced 
or whose name is not listed. Any corporation or employer re- 
taining employment certificates in violation of this article shall 
be fined ten ($10.00) dollars. Every person authorized or re- 
quired to sign any certificate or statement prescribed by this 
article, or who knowingly certifies or makes oath to any material 
false statement therein or who violates any of the provisions of 
this article, shall be fined not to exceed fifty ($50.00) dollars. 
Every person, firm or corporation, agent or manager, superin- 
tendent or foreman of any person, firm or corporation who shall - 
refuse admittance to any officer or person authorized to visit or 
inspect any premises or place of business under the provisions 
of this article and to produce all certificates and lists he may 
have, when demanded, after such person shall have announced 
his name and the office he holds and the purpose of his’ visit, or 
shall otherwise obstruct such officers in the performance of their 
duties as prescribed by this article, shall be guilty of a mis- 
demeanor and, upon conviction, shall be fined in any sum not 
exceeding fifty ($50.00) dollars, or be imprisoned not to exceed 
thirty days. 

Sec. 12. Hvidence of unlawful employment.—The presence 
of a child under sixteen years of age, apparently at work, in any 
of the places of business enumerated in this article shall be 
prima, facie evidence of his employment therein. Truant officers 
shall visit the places of business enumerated in this article to 
ascertain whether any children are employed therein contrary 
to the provisions of this article, and they shall report any cases 


—127— ‘ 


of such illegal employment to the department of labor and to 
the county attorney. 


See. 13. Child not employed in place of danger.—No child 
under the age of sixteen years shall be employed in any work 
which by reason of the nature of the work, or place of perform- — 
ance, is dangerous to life or limb, or in which its health may be 
injured or its morals may be depraved. Any parent, guardian, 
or other person, who, having under his control any child, causes 
or permits such child to work or be employed in violation of this 
section, shall be guilty of a misdemeanor and upon conviction 
shall be fined not more than fifty ($50.00) dollars or be im- 
prisoned not exceeding ten days. 


ARTICLE IV. 


HEALTH AND SAFETY REGULATIONS 


Section 1. (8588) Safe access—water closets.—Every fac- 
tory, mill, workshop, mercantile or mechanical: establishment or 
other building where one or more persons are employed, shall be 
provided within reasonable access, with a sufficient number of 
water-closets, earth closets or privies for the reasonable use of 
the persons employed therein, and whenever male and female 
persons are employed as aforesaid together, water-closets, earth 
closets or privies separate and apart, shall be provided for the 
use of either sex, and plainly so designated, and no person shall 
be allowed to use such closet or privy assigned to the other sex. 
Such closet shall be properly enclosed and ventilated and at all 
times kept in a clean and sanitary condition. When the number 
employed is more than twenty of either sex, there shall be pro- 
vided an additional closet for each sex up to the number of forty 
and above that number in the same ratio. The department of 
labor or any person authorized by the department may require 
such changes in the placing of such closets as the department may 
deem necessary and may require other changes which may serve 
the best interest of morals and sanitation. 

Sec. 2. (8589) Dressing rooms.—In factories, mills or work- 
shops, mercantile or mechanical establishments or other places 
where the labor performed by the operator is of such a character 


eRe MM hal 9 bat 


-~1238— 


that it becomes necessary to change the clothing, wholly or in 
part, before leaving the building at the close of the day’s work, * 
separate dressing rooms shall be provided for females whenever 
so required by the department of labor. It shall be the duty of 
every occupant, whether owner or lessee of any such premises 
used as specified by this article, to make all the changes and 
additions thereto. In case such changes are made upon the order 
of the department of labor, to the lessee of the premises, the 
lessee may at any time within thirty days after the completion 
thereof, bring an action against any person or corporation or 
partnership having interest in such premises, and may recover — 
such proportion of expenses of making such changes and addi- 
tions as the court adjudges should justly and equitably be borne 
by such defendant. 


Sec. 3. (8590) Pure air.—If in any of the aforesaid places, 
any process is carried on by which dust or fumes are caused, 
which may be inhaled by the persons employed therein, or if - 
the air should become exhausted or impure, there shall be pro- 
vided a fan or other such mechanical device as will substantially 
carry away all such dust or fumes or other impurities, subject 
to the approval of the department of labor. 


Sec. 4. (8591) Clean of fumes of effluvia.—All of the afore- — 
said places shall be kept clean and free from effluvia arising from 
any drain, privy or nuisance, and shall be ventilated and kept in 
a sanitary condition. The department of labor or any person 
authorized by the department may require such changes or addi- 
tions to be made in any of the aforesaid places as will promote 
the best measures of sanitation. | 


See. 5. (8592) Protection from dust.—All persons, com- 
panies or corporations operating any factory or workshop where 
erinding wheels, or grinding machines; emery wheels or emery 
belts of any deseription are used, either solid emery, leather 
covered, felt, canvas, linen, paper, cotton or wheels or belts rolled 
or coated with emery or carborundum or cotton wheels used as 
buffs, shall, when deemed necessary by the department of labor, 
provide such wheels or belts with blowers or similar apparatus, 
which shall be placed over, beside or under such. wheels or belts 
in such manner as to protect the person or persons. using the 


-129- 


same from particles of dust produced and caused thereby, and 
to carry away the dust arising from or thrown off by such wheels 
or belt while in operation directly to the outside of the building 
or to some receptacle placed so as to receive and confine such 
dust; Provided, grinding machines upon which water is used at 
the point of grinding contact and other wheels used for tool 
erinding shall be exempt from the provisions of this article. 


See. 6. (8593) Defective wheels or grindstones.—No emery 
wheels or grindstones in any factory, mill or workshop, shall be 
used when known to the person using the same to be cracked or 
otherwise defective, nor operated at a greater speed than in- 
dicated or guaranteed by the manufacturer of such emery wheel 
or grindstone. 


Sec. 7. (8594) Hoods for grinding wheels.—Each and every 
emery wheel and grindstone shall be fitted with a sheet or cast 
iron hood or hopper, of such form so adjusted that the dust or 
refuse therefrom will fall or be thrown into such hood or hopper 
by centrifugal force, and be carried off by the current of air 
into a suction pipe. 


Sec. 8. (8595) Suction pipes.—Every such wheel six inches 
or less in diameter shall be provided with a three-inch suction 
pipe; wheels six inches to twenty-four inches in diameter, with 
four inch suction pipe; wheels from twenty-four inches to thirty- 
six inches in diameter with five-inch suction pipe; and every 
wheel exceeding thirty-six inches in diameter shall be provided 
with a suction pipe not less than six inches in diameter. The 
suction pipe from each wheel shall be of full size to its terminus, 
and a suction pipe to which smaller pipes are attached shall, in 
its capacity, be equal to the combined capacities of all smaller 
pipes attached thereto, and the discharge pipe shall be of as 
large capacity as, or larger capacity than, the combined capaci- 
ties of all the suction pipes. 

Section 9. (3597) Belting, gearing, etc., protected.—Every 
person operating a plant where machinery is used, shall provide 
such guards, boxing, screens or other appliances as will protect 
employees against injury from belting, shafting, gearing, ele- 
vators, drums, saws, cogs, electric currents, molten metal or hot 
liquid. He shall also furnish and supply belt shifters which can 


—130- 


be operated from the floor. All exposed cogs or gears shall be 
enclosed in metal casings or woven wire screens; protruding set 
serews in collars and couplings of shaftings or other revolving 
machinery shall be countersunk or covered with metal boxing; 
pulleys, belts and projections of or from ends of shaftings shall 
be protected by boxing or inclosing with metal or other suitable 
material. Belts shall not rest on shafting in motion, but rest 
hooks shall be provided to hold belting free therefrom. Roll 
guards shall be placed on roll feed machines fed by hand at the 
point where the material is fed and a device for instantly stop- 
ping the machine by the hand or foot shall also be provided with- 
in reach of the operator when operating the machine. 


See. 10. Screens about revolving machinery.—A metal or 
other suitable screen shall be placed around each laundry ex- 
tractor or other exposed high speed revolving machinery. 


See. 11. Wood cutting tools,—protecting against Wood 
planers, wood shapers, swing saws, equalizing saws, circular 
heading jointers, wood polishers, buzz planers, lathe bolters and 
all similar machinery shall be equipped with requisite safety 
appliances. 


See. 12. Safety appliances—approval.—aAll safety appliances 
prescribed by this article shall be subject to the approval of the 
department of labor. 


See. 13. Protection against electric current.—Signs or in- 
dicating lamps shall be placed at all switches, in electric light 
and power plants or other places where high pressure currents 
are used, to show whether the current is on or off the circuit. 
When current is turned off a circuit for repair, the switch shall 
first be tagged, the tag bearing the name of the person for whom > 
it is turned off. The tag shall not be removed or the current 
turned on until the person for whom it was tagged shall notify 
the operator that his work has ceased. 


See. 14. Safety devices for elevators—EHvery elevator, 
whether freight or passenger, shall be equipped with a speed 
governor safety device and with gates or doors to be not less 
than five feet in height, and all freight elevators shall be equipped 
with a signal or gong. 


See. 15. Protection of boilers—Where a number of boilers 


—131-— 

deliver to a common steam main, they shall be equipped with a 
shut off or throttle valve for each boiler to take it out of service 
for repairs and inspection necessitating the entry therein of 
workmen. A metal shield shall be constructed covering the hand 
wheel of the valve, hinging in the center and containing hasp 
and hook. The shield shall be painted red and marked with the 
words, ‘‘Man in Boiler.’? The workman shall be allowed to re- 
tain key in his possession while in said boiler. 


Sec. 16. Fire-escapes and fire protection.—Hvery factory or 
other institution, more than two stories in height, shall be 
equipped with outside fireproof iron stairways, chutes or tobog- 
gans; and one automatic fire escape for every fifteen persons 
working or congregating therein at any time, who, for any rea- 
son, are unable to reach or use the outside fireproof stairways, 
chutes or toboggans. 


See. 17. (3598) Accidents reported.—Every person operat- 
ing a plant where machinery is used, shall report in writing to 
the department of labor all fatal accidents within forty-eight 
hours after their occurrence, and all other accidents within two 
weeks after their occurrence. Such report shall state fully the 
eause of the accidents, the nature and extent of the injuries and 
the probable loss of time which will result therefrom. 


Sec. 18. Action for damages.—Every person operating a 
plant where machinery is used who shall violate any of the pro- 
visions of this article, shall be lable in damages to any person 
injured, as a result thereof, or to the heirs of any person who 
shall have died as a result thereof. 


Sec. 19. Assumption of risk—The continuance by any per- 
son in the employ of any such operator shall not be deemed an 
assumption of the risk of such employment. 


Sec. 20. Violation, penalty.—Every person who shall violate 
any of the provisions of this article shall be guilty of a mis- 
demeanor and shall on conviction thereof, be fined in any sum 
not less than ten ($10.00) dollars nor more than one hundred 
($100.00) dollars. 

Sec. 21. (3602) Scaffolds—ladders have safety rail—All 
scaffolds, hoists, cranes, stays, ladders, supports or other mechani- 
eal contrivances used in the erection, repairing, alteration, re- 


—132- 


moval or painting of any house, building, bridge, viaduct or 
other structure, shall be erected and constructed in a safe, suit- 
able and proper manner. Scaffolding or staging, swung or sus- 
pended from an overhead support and more than twenty feet 
from the ground floor, shall have, where practicable, a safety 
rail properly bolted, secured and braced, raising at least thirty- 
four inches above the floor or main portion of such scaffolding or 
staging, and extending along the entire length of the outside and 
ends thereof and properly attached thereto, and such scaffolding 
and staging shall be so fastened as to prevent the same from 
swaying from the building or structure. 

“iy Side. (22: (3603) Floor capacity—construction.—If in any 
house, building or structure in process of erection or construc- 
tion except a private barn, or a private house, the distance be- 
tween the enclosed walls is more than twenty-four feet in the 
clear, there shall be built, kept and maintained, proper inter- 
mediate supports for the joists, which supports shall be either 
brick walls or iron or steel columns, beams, trusses or girders. 
The floors in all such houses, buildings or structures shall be eap- 
able of bearing in all their parts, in addition to the weight of 
the floor construction, partitions and permanent fixtures and 
mechanisms that may be set upon the same a live load of fifty 
pounds for every square foot of floor surface. 

Sec. 23. (3604) Placard stating floor capacity.—The owner 
of every house, building or structure, except a private barn or 
a private house, shall affix and display conspicuously on each 
floor of such building during construction, a placard, stating the 
load per square foot of floor surface which may, with safety, be 
applied to the particular floor during construction; or if the 
strength of different parts of any floor varies, then there shall 
be placards for each varying part of such floor. It shall be un- 
lawful to load any such floors or any part thereof, to a greater 
extent than the load indicated on the placard, and all such -pla- 
cards shall be verified and approved by the department of Jabor, 
or other proper authority in the city, or village charged with the 
enforcement of building laws. 

Sec. 24. (3605) Scaffolding ladders unsafe Whenever it 
shall come to the notice of the department of labor or the local 
authority in any city or village of this state, charged with the 


—135- 


duty of enforcing the building laws that the scaffolding or. the 
slings, hangers, blocks, pulleys, stays, braces, ladders, irons or 
ropes of any swinging or stationary scaffolding, platform or other 
similar device, used in the construction, alteration, removing, re- 
pairing, cleaning or painting of buildings, bridges or viaducts 
within this state are unsafe, or liable to prove dangerous to the 
life or limb of any person, the department of labor or such local 
authority or authorities, shall immediately cause an inspection 
to be made of such scaffolding, platform or device, or the slings, 
hammocks, blocks, pulleys, stays, braces, ladders, iron or other 
parts connected therewith. If after examination, such scaffold- 
ing, platform or device, of any such parts, is found to be danger- 
ous to the life or limb of any person, the department of labor or 
such local authority, shall at once notify the person responsible 
for its erection or maintenance, of such fact and warn him against 
the use, maintenance or operation thereof, and prohibit the use 
thereof, and require the same to be altered and reconstructed 
- so as to avoid such danger. Such notice may be served personal- 
ly upon the person responsible for its erection or maintenance or 
by conspicuously affixing it to the scaffold, platform or other such 
device, or the part thereof declared to be unsafe. After such 
notice has been so served or affixed the person responsible there- 
for shall cease using and immediately remove such scaffolding, 
platform or other device or part thereof, and alter or strengthen 
it in such manner as to render it safe. The department of labor, 
or such local authority, whose duty it is, under the terms of this 
article, to examine or test any scaffolding, platform, or other 
device, or part thereof, required to be erected and maintained 
by this section, shall have free access at all reasonable hours to 
any building or structure or premises containing such scaffolding, 
platform or other similar device, or parts thereof, or where they 
may be in use. All swinging and stationary scaffolding, plat- 
forms or other devices shall be so constructed as to bear four 
times the maximum weight required to be dependent thereon, or 
placed thereon when in use, and such swing, scaffolding, plat- 
form, or other device shall not be so overloaded or crowded as 
to render the same unsafe or dangerous. 


Sec. 25. (3606) Safety scaffolding or staging.—Any person 
employing or directing another to perform labor of any kind in 


—134-— 


the erecting, altering, repairing or painting of any water pipe, 
stand pipe, tank, smoke stack, chimney, tower, steeple, pole, 
staff, dome, or cupola when the use of any scaffolding, staging, 
swing, hammock, support, temporary platform or other similar 
contrivance is required or used in the performance of such labor 
shall keep and maintain at all times, while such labor is being 
performed, and such mechanical device is in use or operation, 
a safe and proper scaffold, stay, support, other suitable device, 
not more than sixteen feet below such working scaffold, staging, 
swing, hammock, support or temporary platform, when such work 
is being performed at a height of thirty-two feet or more. 


Sec. 26. (3607) Arched floors—how constructed.—All con- 
tractors and owners, when constructing buildings where the plans 
and specifications require the floors to be arched between the 
beams thereof, or where the floors or filling in between the floors 
are fireproof material or brick work, shall complete the flooring 
or filling in as the building progresses, to within at least two 
tiers or beams below that on which the iron work is being erected. 
If the plans and specifications of such building do not require 
filling in between the beams of floors with brick or fireproof 
material, all contractors for carpenter work in the course of con- 
struction shall lay the under flooring thereof, or a safe temporary 
floor on each story as the building progresses to within at least 
two stories or floors below the story where the work is being 
performed. If the floor beams are of iron or steel the contractors 
for the iron or steel work of buildings in the course of construc- 
tion or the owners of such buildings, shall thoroughly plank over 
the entire tier or (of) iron or steel beams on which the structural 
iron or steel work is being erected, except such spaces as may be 
reasonably required for the proper construction of such iron or 
steel work and for the raising and lowering of materials to be 
used in the construction of buildings, or such spaces as may be 
designated by the plans and specifications for stairways and ele- 
vator shafts. 

Sec. 27. (8608) Elevating machines—hoisting apparatus— 
used in construction.—If elevating machines or hoisting appara- 
tus are used within a building in the course of construction for 
the purpose of lifting materials to be used in such construction, 
the contractors or owners shall cause the shafts or openings in 


—135- 


each floor to be enclosed or fenced in on all sides by a substantial 
barrier or railing at least eight feet in height. Any hoisting 
machines or engines used in such building construction shall, 
where practicable, be set up or placed on the ground, and where 
it is necessary in the construction of such building to place such 
hoisting machine or engine on some floor above the ground floor, 
such machine or engine must be properly secured and supported 
with a foundation capable of safely sustaining’ twice the weight 
of such machine or engine. If a building in course of construc- 
tion is five stories or more in height, no material needed for such 
construction shall be hoisted or lifted over public streets or alleys 
unless such street or alley shall be barricaded from use by the 
public. The chief officer in any city or village charged with the 
enforcement of local building laws and ordinances, shall co- 
operate with the department of labor in enforcing the provisions 
of this article. 


See. 28. (8609) System of signals for hoisting machinery. 
—If elevating or hoisting apparatus, operated or controlled by 
other than hand power, are used in the construction, alteration 
or removal of any building or other structure, a complete and 
adequate system of communication by means of signals shall be 
provided and maintained by the owner, contractor or subcon- 
tractor, during the use and operation of such elevating machines 
or hoisting apparatus. 


: See. 29. (2610) Architects or draftsmen comply with law.— 

All architects or draftsmen in preparing plans, specifications or 
drawings to be used in the erection, repairing, altering, or re- 
moving of any building or structure within the terms and pro- 
visions of this article, shall provide in such plans, specifications 
and drawings for all the permanent structural features or re- 
quirements specified in this article. Any person violating the 
provisions of this section shall upon conviction be fined not less 
than twenty-five ($25.00) dollars nor more than two hundred 
($200.00) dollars for each offense. 


See. 30. (8611) Violation, penalty.—Any person violating 
any of the provisions of this article, except the provisions of sec- 
tion 29, shall upon conviction thereof be fined not less than twen- 
ty-five ($25.00) dollars nor more than five hundred ($500.00) 


—136- 


dollars, or imprisoned for not less than three months nor more 
than two years, or both. 


See. 31. (8612) Assumption of risk.—The continuance by 
any person in the employ of any such operator shall not be 
deemed an assumption of the risk of such employment. 


ARTICLE V. 
EMPLOYMENT AGENCIES 


Section 1. Terms defined.—When used in this division the 
following terms are defined as herein specified: The term ‘‘per- 
son’’ means and includes any individual, company, society, asso- 
ciation, corporation, manager, contractor, subcontractor or their 
agents or employes. The term ‘‘employment agency’’ means and 
includes the business of conducting, as owner, agent, manager, 
contractor, subcontractor, or in any other capacity an intelligence 
office, domestic and commercial employment agency, theatrical 
employment agency, bonding and reference agency, teachers’ 
employment agency, general employment bureau, shipping 
agency, or any other agency or office for the purpose of procur- 
ing or attempting to procure help or employment or engagements 
for persons seeking employment or engagements, or for the regis- 
tration of persons seeking such help, employment or engagement, 
or for giving information as to where and of whom such help, 
employment or engagement may be procured, where a fee or 
other valuable consideration is exacted or attempted to be col- © 
lected, directly or indirectly, for such services, whether such 
business is conducted in a building or on the street or elsewhere. 


The term ‘‘fee’’ means and includes any money or other 
valuable consideration paid or promised to be paid for services 
rendered or to be rendered by any person conducting any em- 
ployment agency of any kind under the provisions of this divi- 
sion. Such terms includes any excess of money received by any 
such person over what has been paid out by him for the trans- 
portation, transfer of baggage, or board and lodging for any 
applicant for employment; such term also includes the differ- 
ence between the amount of money received by any such person 
who furnishes employes and the amount paid by him to such 
employes. 


—1357- 


Sec. 2. License required.—No person, firm or corporation in 
this state shall open, operate or maintain a private employment 
agency for hire or for help without first obtaining a license for 
the same from the Department of Labor, and the license fee shall 
be fifty ($50.00) dollars per annum, payable in advance on the 
first day of May of each year, and shall expire on the last day of 
April of each year. Every license shall contain a designation 
of the city, street and number of the building in which the 
licensed parties conduct said employment agency. In ease of 
removal to another location during the period covered by such 
license, the department shall be at once notified and the license 
corrected accordingly. No such license shall be transferable. 


Sec. 3. Bond.—The Department of Labor shall require with 
each application for a license a Surety bond in the penal sum 
of two thousand ($2000.00) dollars to be approved by said de- 
partment and conditioned that the obligor will not violate any 
of the duties, terms, conditions, provisions or requirements of 
this division. The Department of Labor is authorized to cause 
an action or actions to be brought on said bond in the name of 
the state for any violation of any of its conditions and may re- 
voke, upon a full hearing, any license whenever in its judgment 
the party licensed shall have violated any of the provisions of 
this division. 2 

Sec. 4. Investigation and cancellation of license.—In case 
of refusal of any licensee to comply with the lawful orders of 
the Department of Labor, the Department of Labor may cancel 
the license held by such person, firm or corporation. When such 
license shall be so cancelled it shall not be reissued to said person, 
firm or corporation for a period of six months from the date of 
said cancellation. 


Sec. 5. Prohibited advertising ——No private employment 
agency shall print, publish or paint on any sign, window, or in- 
sert in any newspaper or publication a name similar to that of the 
Nebraska Free Employment Bureau. 

Sec. 6.' Books required to be kept for inspection.—It shall be 
the duty of every licensed agency to keep a register in which shall 
be entered the name and sex of every person for whom employ- 
ment is secured, and the amount of fee charged. Such licensed 


—138- 


agency shall also enter into a register the name and address of 
every person for whom help or servants are secured. Such regis- 
ter shall at all reasonable hours be open to the inspection and 
examination of the Department of Labor, and a copy of such 
register shall be filed with the Department of Labor not later 
than the 10th day of each calendar month. | 


Sec. 7. Receipts—forms—contents.—Every licensed agency 
shall issue a receipt to each person securing employment or help 
showing the occupation, name and address of the applicant, and 
the amount of the fee charged for procuring the position and 
such receipt shall also show the wages to be paid to said person 
securing employment, together with the name and address of 
the employer and the name of the agency issuing such receipts; 
also the nature of the employment offered and if a strike or lock- 
out is known to exist the fact shall be stated. 


Said receipt shall be made upon forms prescribed by the 
Department of Labor and the third copy to be retained by the 
agency issuing same. The carbon copy of each and every receipt 
issued shall be mailed to the Department of Labor as prescribed 
in Section 6. 


Sec. 8. Registration fee—A registration fee not to exceed 
two ($2.00) dollars may be charged by such licensed agency 
when such agency shall be at actual expense in advertising such 
individual applicant, or in looking up the references of such ap- 
plicant. In all such cases a complete record of such references 
shall be kept on file, which record shall, during all business hours, 
be opened for the inspection of the Department of Labor, and upon 
demand shall be subject to inspection and examination by the 
applicant. For such registration fee a receipt shall be given to 
said applicant for help or employment, giving name of such ap- 
plicant, date of payment and character of position or help ap- 
plied for. Said registration fee shall be returned to said appli- 
cants on demand, after thirty (30) days and within sixty (60) 
days from date of receipt, less the amount that has been actually 
expended by said licensed agency for said applicant, and an item- 
ized account of such expenditures shall be presented to said ap- 
plicant on request at the time of returning the unused portion 
of such registration fee, provided no position has been furnished 
by said licensed agency to and accepted by said applicant. 


—139- 


No licensee shall, as a condition to registering or obtaining 
employment for such applicant, require such applicant to sub- 
scribe to any publication or exact other fees, compensation or 
reward, other than the registration fee aforesaid, and a further 
fee, the amount of which shall be agreed upon between such 
applicant and the licensee, to be payable at such time as may 
be agreed upon in writing, but the further fee aforesaid shall not 
be received by such licensee before the applicant has been ten- 
dered a position by said licensed person. In the event that the 
position so tendered is not accepted by or given such applicant, 
the licensee shall refund all fees requested by said applicant, 
other than the registration fees aforesaid within three (3) days 
after demand is made therefor. No licensee shall send out any 
applicant for employment without having obtained a bona fide 
order therefor, and if it shall appear that no employment of the 
kind applied for existed at the place where said applicant was 
directed, said licensee shall refund to such applicant within five 
(5) days after demand, any sum paid by such applicant for trans- 
portation in going to and returning from said place and all fees 
paid by said applicant. 


In addition to the receipt herein provided to be given for 
registration fees, it shall be the duty of the licensee to give to 
every applicant for employment from whom other fee or fees 
shall be received, an additional receipt, in which shall be stated 
the name of such applicant, the date and amount of such other 
fees; and to every applicant for help from whom other fee or 
fees shall be received, an additional receipt, stating the name and 
address of said applicant, the date and amount of such other fee 
or fees, and the kind of help to be provided. All receipts shall 
have printed on the back thereof, in the English language, the 
name and address of the Secretary of Labor. 


Every such licensee shall give to every applicant for em- 
ployment, a card or printed paper containing the name of the 
applicant, the name and address of such employment agency, 
and the written name and address of the person to whom the ap- 
plicant is sent for employment. 


If an employe furnished fails to remain one week in a situa- 
tion, through no fault of the employer, then all fees paid or 


—140- 


pledged, in excess of the registration fee aforesaid, shall be re- 
funded to the employer upon demand. 


If the employment furnished the applicant does not continue 
more than one week, through no fault of the employe, then all 
fees paid or pledged, in excess of the registration fee aforesaid, 
shall be refunded to the employe upon demand. 


Sec. 9. Fees when refunded.—The fee for procuring employ- 
ment or help in all cases shall be clearly set out in the receipt as 
provided in Section 7. The receipt shall plainly show the amount 
of the fee and all commissions and expenses or compensations 
whatsoever to such licensed agency for procuring employment 
or help. In ease the person paying such fee fails to obtain the 
employment specified and such failure shall not be the fault of 
such applicant for employment, such licensed agency shall repay 
the same to such person upon demand being made therefor; pro- 
vided that in cases where the person seeking employment is sent 
beyond the limits of the city in which such employment agency 
operates, such licensed agency shall repay in addition to the 
above the actual expenses incurred by reason of failure to re- 
ceive employment, in all cases when it shall appear that the em- 
ployment agency made false representations, 


See. 10. Division of fees with employer—penalty.—Any 
licensed agency, or agent thereof, who shall be guilty of dividing 
fees with any agent, superintendent, manager, foreman or other 
employee of any person, company, corporation or association, 
for whom employes are furnished, shall be guilty of a, misde- 
meanor and shall be fined not less than fifty ($50.00) dollars or — 
be imprisoned in the county jail for a period not exceeding three 
(3) months at the discretion of the court. 


See: 11. Unlawful acts.—No agency shall knowingly send 
or cause to be sent any female help or servant to any place of 
bad repute, house of ill fame, or assignation house, or to any 
house pr place of amusement kept for immoral purposes. No 
such licensed agency shall publish or cause to be published any 
false information, make:any false promise concerning or relat- 
ing to work or employment to any one who shall register for 
employment and no licensed agency shall make any false entries 
in the register to be kept as herein provided. . 


-141- 


See. 12. Violation—penalty.—Any person convicted of a 
violation of the provisions of this section not otherwise speci- 
fically provided for, shall be guilty of a misdemeanor and shall 
be fined not less than fifty ($50.00) dollars nor more than one 
hundred ($100.00) dollars for each offense or be imprisoned in 
the county jail for a period not to exceed three months or both 
such fine and imprisonment at the discretion of the court; pro- 
vided, that any person or persons who shall send any female help 
or servant to any place of bad repute, house of ill fame or as- 
signation house, or to any house or place of amusement kept for 
immoral purposes, shall be punished by imprisonment for not less 
than thirty days nor more than three months, and the license 
shall be permanently cancelled. 


See. 13. Employment defined.—The term employment or 
work, whenever used in this division, shall be construed to mean 
manual or mechanical labor, clerical, domestic or professional 
service. 


See. 14. Employment agents defined Any person, firm or 
corporation who, for hire or with a view to profit, shall under- 
take to secure employment for help or through the medium of 
eards, circulars or pamphlets of any nature whatsoever, or 
through the display of a sign or bulletin, offer to secure employ- 
ment or help or give information as to where employment or help — 
shall be secured, shall be deemed a private employment agency 
and shall be subject to the provisions of this division. 


TITLE V. 
DEPARTMENT OF TRADE AND COMMERCE. 


ARTICLE IL. 
GENERAL POWERS 


Section 1. Department of trade and commerce—general 
powers.—The governor, through the agency of the secretary of 
trade and commerce created by this act, is hereby vested with 


—142- 


the power to regulate, supervise, and shall have general control 
over trade and commerce of the state and in addition to such 
general powers herein conferred, he is hereby vested with the 
power and charged with the duty of enforcing, through the 
agency of the secretary of trade and commerce created by this 
act, all of the provisions contained in this title and all provisions 
which may be hereafter enacted as amendatory thereof. 


The department of trade and commerce shall collect, collate, 
assort, systematize and report statistical details of the manufac- 
turing industries and commerce of the state and shall acquire 
information and report upon the general conditions so far as 
production is concerned of the leading industries of the state. 


ARTICLE IT. 
INSURANCE. 


Section 1. (8137) ‘‘Insurance’’ defined.— Within the intent 
of this article, the business of apportioning and distributing 
losses arising from specified causes, among all those who apply 
and are accepted to receive fhe benefits of such service is public 
in character, and requires that all those having to do with it 
shall at all times be actuated by good faith in everything per- 
taining thereto; shall abstain from deceptive or misleading prac- 
tices, and shall keep, observe and practice the principles of law 
and equity in all matters pertaining to such business. Upon the 
insurer, the insured and their representatives shall rest the bur- 
den of maintaining proper practices in said business. 


‘‘Insurance’’ is a contract whereby one party called the 
~ *“insurer’’, for a consideration undertakes to pay money or its 
equivalent, or to do an act valuable to another party called the 
‘‘insured’’ or to his ‘‘beneficiary’’ upon the happening of the 
hazard or peril insured against, whereby the party insured or 
his beneficiary suffers loss or injury. (19138 p. 393.) 


See. 2. (8188) Terms defined.—The terms ‘‘company”’, 
‘‘eorporation’’ or ‘‘insurance company’’, or ‘‘insurance corpora- 
tion’’, in this article, unless the context otherwise requires, in- 
cludes all corporations, associations, partnerships or individuals 
engaged as insurers in the business of insurance. 


—143- 


“Domestic” designates those companies incorporated or 
formed in this state. ‘‘Foreign’’ designates those companies in- 
corporated or formed under the laws of the United States or any 
other state in the United States, and ‘‘alien’’ designates those 
companies incorporated or formed under the laws of any country 
other than the United States. 


“Admitted company’’ designates companies qualified and 
licensed to transact business under the provisions of this article. 
‘‘Non-admitted companies’’ designates companies not licensed to 
transact business in this state under the provisions of this article. 


‘‘Unearned premiums’’, and ‘‘net value of policies’’ several- 
ly mean the liability of an insurance company upon its Insurance 
contracts, other than accrued claims, computed by rules of valua- 
tion established herein. 


‘“Profits’’ of a mutual company means that portion of its 
eash funds not required for payment of losses and expenses, nor 
set apart for any purpose allowed by law. 

‘‘Agent’’ or ‘‘insurance agent’’ is a person, co-partnership, 
corporation, attorney, board or committee duly appointed and 
authorized by the insurance company, to solicit applications for 
insurance to be known as the soliciting agent, or to solicit appli- 
cations and effect insurance in the name of the company, to be 
known as a recording or policy writing agent, and to discharge 
such other duties as may be vested in, or required of, the agent 
by the company. 


? , 


‘‘Broker’’ or ‘‘insurance broker’’ is any person, co-partner- 
ship or corporation, who for compensation, not being an appointed 
agent for the company in which insurance or re-insurance is ef- 
fected, acts or aids in any manner in negotiating contracts for 
insurance or re-insurance or placing risks or effecting insurance 
or re-insurance for a party other than himself or itself. 

‘«Adjuster’’ or ‘‘insurance adjuster’’ is a person, co-partner- 
ship or corporation who undertakes to ascertain and report the 
actual loss or damage to the subject matter of the insurance due 
to the hazard or peril insured against. 

‘‘Director’’ within the intent of this article means trustee. 

‘‘Insurable interest’’ is every interest in property or any 
relation thereto, or liability in respect thereof, of such a nature 


—144— 


that a contemplated peril might directly damnify the insured. 
‘‘Insurable interest’’ in the matter of life and health insurance 
exists when the beneficiary, because of relationship, either pecuni- 
ary or from ties of blood or marriage, has reason to expect some 
benefit from the continuance of the life of the insured. 


) 


‘‘Double Insurance’’ exists where the same party is insured 
by several insurers separately, in respect to thé same subject and 
interest. 


‘«Over-insurance’’ exists where a party having an insurable 


interest in property has insurance thereon against the same 
hazard or peril in excess of the actual value of his interest 
therein. 


_ “*Re-insurance’’? means a contract by which an insurer pro- 
cures a third party to insure it against loss or liability by reason 
of such original insurance. 


‘‘Department’’ or ‘‘insurance department’’ shall mean ‘‘de- 
partment of trade and commerce.”’ 


‘‘Rebate’’ means anything of value or the making of an 
agreement, expressed or implied, that will directly or indirectly 
diminish any premium below the amount specified in the policy, 
but does not include the dividend or refund paid or allowed on 
participating policies, nor bonuses paid or allowed directly by 
any company upon non-participating policies which have been 
in force at least five years. . 


‘*Stock company’’ is one with a capital stock that charges a 
fixed premium and is required to maintain the reserve provided 
by this article. | 


‘Mutual company’’ is one without capital stock that charges 
a fixed premium and is required to maintain the same reserve 
as a stock company. 


‘‘Assessment association’’ is one that meets its losses and 
expenses from assessment levied upon its members. 


—145- 


ARTICLE IIT. 


POWERS. 


Section 1. (R. 8. 3139 and 3144) Specific powers—certi- 
ficate—cause examination.—The department of trade and com- 
merce shall have general supervision, control and regulation of 
insurance companies, associations and societies and the business 
of insurance in Nebraska, including companies in. process of or- 
ganization. It shall have power to make all needful rules and 
regulations for the purpose of carrying out the true spirit and 
meaning of this enactment and all laws relating to the business 
of insurance, and to.that end, may authorize and empower an 
assistant or employee to do any and all things that it may do, 
and on its behalf, and it shall see that all laws respecting insur- 
ance companies, are faithfully executed. It shall issue all certi- 
ficates and licenses as provided for herein. Before granting certi- 
ficates of authority to any insurance company to issue policies 
or make contracts of insurance in this state, it shall be satisfied 
by such examination as it may cause to be made, or such evidence 
as it may require, that such company is duly qualified under the 
laws of this state to transact business herein. It shall require 
every domestic insurance company to keep its books, records, 
accounts and vouchers in such manner that it may readily verify 
its annual statement and ascertain whether the company is sol- 
vent and has complied with the law. It shall cause to be ex- 
amined, each domestic company at least once every three years, 
and. cause to be thoroughly inspected and examined its affairs 
to ascertain its true financial condition, its ability to meet and 
to fulfill its obligation, whether it has complied with the pro- 
visions of the law, and all other facts that may be required re- 
lating to its business, methods and management, and its dealings 
with its policy holders. Whenever.it deems it advisable, it shall 
cause a complete audit of the books and accounts of the company 
to be made by a disinterested expert accountant. When it deems 
it prudent for the protection of policy holders in this state, it 
shall, in like manner, cause to be visited and examined any in- 
surance company incorporated or organized in any other state 
or country applying for admission, or already admitted to do 
business in this state. The person making an examination re- 


~146- 


quired or provided by this action may require the company and 
its officers to exhibit its assets, books and papers, and shall have 
free access to all the books, records, accounts, vouchers, papers 
and files of such company which relate to its business; may com- 
pel by subpoena the attendance before it and examine under 
oath its directors, officers, employees and other persons relative 
to its affairs, transactions and conditions. Any person who shall 
fail, neglect, or refuse to obey such subpoena, or having obeyed 
such subpoena, shall refuse to be examined as a witness and give 
evidence concerning any and all matters relating to such investi- 
gation when so required, shall be liable to the same penalties as 
though such subpoena had been issued by, or such person had 
refused to give evidence in the district court having jurisdiction. 
Whenever any person shall fail, refuse or neglect to obey such 
subpoena, or to give evidence concerning any matter pertaining 
to such investigation, the person conducting such examination 
may forthwith report in writing such disobedience, and file such 
report and such subpoena with proof of service thereof in the dis- 
trict court of the county where such investigation is being had, 
if in session, and if not, then with any judge of such court; there- 
upon such court or judge shall forthwith cause-such person so 
subpoenaed or refusing to give evidence to be brought before 
the court or judge and such court or judge shall thereupon im- 
pose like terms and penalties as though such person had been 
subpoenaed or had refused to testify or give evidence in any 
proceeding ,before such court or judge. Every person shall be 
obliged to attend as a witness at the place of such investigation 
when subpoenaed anywhere within the state, and shall be en- 
titled to the same fees and mileage, if claimed, as a witness in 
the district court, which fees, mileage and actual expense, if any, 
necessarily incurred in securing the attendance of witnesses and 
their testimony, shall be itemized and charged against and be 
paid by the company so being examined. 

Sec. 2. (3145) Impairment—notice and requisition —When- 
ever it appears to the department of trade and commerce from 
any proper showing made to it, or from any examination made, 
that the capital stock of any domestic insurance company is im- 
paired, or that its assets are insufficient to Justify its continuance 
in business, it shall at once determine the amount of such im- 


—147- 


pairment or deficiency, and thereupon issue a written notice to 
the company requiring its stockholders to make good the amount 


of the impairment or deficiency with eash or investments author- | 


ized by this article, or to reduce its capital stock, not below 
statutory requirements, within ninety days from the service of 
the notice. If the amount of any such impairment or deficiency 
shall not be made good within the time specified in such notice, 
and proof thereof filed with the department of trade and com- 
merece, the company shall be deemed insolvent, and shall be pro- 
ceeded against as an insolvent company in the manner authorized 
and directed by this article. No reduction of stock shall be made, 
except upon the vote of the stockholders approved by at least 
two-thirds of the directors. A duly certified copy of the pro- 
ceedings shall be filed’ in the office of the secretary of state, in 
the office of the county clerk of the county in which the principal 
office of the company is located, and in the office of the depart- 
ment of trade and commerce. The directors, after such reduction 
of capital, may require such stockholder to surrender his stock, 
and in lieu thereof may issue a new certificate for such number 
of shares as each shall be entitled to. 


See. 3. (3146) Impairment—mutual company—notice and 
requirement.—Whenever it shall appear from any proper show- 
ing, or from any examination made, that the assets and resources 
of any domestic mutual insurance company are insufficient to 
justify its continuance in business, the department of trade and 
commerce shall promptly determine the amount of such deficiency 
and thereupon issue a written notice and requisition to the direct- 
ors and officers of such company requiring them to make good 


the amount of such deficiency within ninety spk from the serv-. 


ice of such notice and requisition. 


Such notice and requisition may be served by registered let- 
ter, having affixed the proper postage and directed to the com- 
pany at its principal place of business in this state. Upon the 
service of such notice and requisition the directors and officers 
thereof shall forthwith cause such deficiency to be made good, 
and proof thereof to be filed in the office of the department of 
trade and commerce within the time specified in the notice and 
requisition, that the same has been made good. If such deficiency 
shall not be made good within the time specified in the notice 


—148- 


and requisition, and satisfactory proof thereof filed with the de- 
partment of trade and commerce, such company shall be deemed 
insolvent, and shall be proceeded against as an insolvent com- 
- pany in the manner authorized and directed by this article. 


Sec. 4. (8147) Delinquent companies—proceedings—liqui- 


dation—I. Whenever any domestic company is insolvent, or 
has refused to submit its books, papers, accounts or affairs to 
*the reasonable inspection and examination of the department of 


trade and commerce, or has neglected or refused to observe an — 


order of the department of trade and commerce, to make good 
within the time prescribed by law, any deficiency, whenever the 
capital of a stock company, or the reserve of a mutual company, 
shall have become impaired, or it has by contract of re-insurance, 
or otherwise, transferred or attempted to transfer substantially 
its entire property or business, or entered into any transaction 
the effect of which is to morge (merge) substantially its entire 
property or business in the property or business of any other 
eompany without first. having obtained the written approval of 
the department of trade and commeree, or is found, after an 
examination, to be in such condition that its further transaction 
of business would be hazardous to its. policy holders, or to its 
creditors, or to its stockholders, or to the public; or has wilfully 
violated its articles of incorporation or association or any law of 
this state, or whenever any trustee, director, manager or officer 
thereof has refused to be examined under oath touching its af- 
fairs, the department of trade and commerce may apply to the 
district court, or any judge thereof, in the county or judicial 
district in which the principal office of such company is located, 
for an order directing such company to show cause why the de- 
partment of trade and commerce should not take possession of 
its property, records and effects and conduct or close its busi- 
ness, and for such other relief as the nature of the case and the 


interest of its policy holders, creditors, stockholders or the public - 


may require. 


2. On such application, or at any time thereafter, such court 
or judge may, in his discretion, issue an order restraining such 
company from the transaction of its business, or disposition of 
its property, records, and effects until the further order of the 
court. On the return of such order to show cause, and after a 


— 


—149- 


full hearing, the court shall either deny the application or direct 
the department of trade and commerce forthwith to take posses- 
sion of the property, records and effects, and conduct the busi- 
ness of such company, and retain such possession, and conduct the 
business until on the application of the department of trade and 
commerce, or of such company, it shall, after a like hearing, ap- 
pear to the court that the cause of such order directing the de- 
partment of trade and commerce to take possession has been 
removed, and that the company can properly resume possession 
of its property, records and effects, and the conduct of the busi- 
ness. 


3. If, on a like application and order to show cause, and 
after a full hearing, the court shall order the liquidation of the 
business of such company, such liquidation shall be made by and 
under the direction of the department of trade and commerce, 
which may deal with the property, records, effects and business of 
such company in the name of the department of trade and com- 
merece or in the name of the company, as the court may direct and 
it shall be vested by operation of law with title to all the property 
effects, contracts and rights of action of such company as of the 
date of the order so directing it to liquidate. The filing or re- 
cording of such order in the office of the register of deeds in any 
county where property is located in the state shall impart the 
same notice that a deed, bill of sale, or other evidence of title, 
duly filed or recorded by such company would have imparted. 


4. For the purpose of this section, the department of trade 
and commerce shall have power to appoint one or more special 
employees as its assistant, or assistants, and to employ such 
counsel and clerks as may be deemed necessary to give each of 
such persons such powers to assist the department of trade and 
commerce as the department of trade and commerce may con- 
sider proper. The compensation of such assistants, counsel and 
elérks, and all expenses of taking possession of and conducting 
the business of liquidating any such company, shall be fixed by 
the department of trade and commerce, subject to the approval © 
of the court, and shall on the certificate of the department of 
trade and commerce, be paid out of the funds or assets of such 
company. 


—150- 


5. For the purpose of this section the department of trade 
and commerce shall have power, subject to the approval of the 
court, to make and prescribe such rules and regulations as the 
department of trade and commerce may deem proper. 


6. The department of trade and commerce shall transmit 
to the legislature, in its annual report, the names of the com- 
panies so taken possession of, whether the same have resumed 
business or have been liquidated, and such other facts as shall 
acquaint the policy holders, creditors, stockholders and the publie 
with its proceedings under this section. 


7. At any time after the court shall order the liquidation 
of the business of any such company, as provided in paragraph 
three of this section, the department of trade and commerce may 
apply for the dissolution of such company, and the same, after 
due notice and hearing, and such other procedure as the court 
shall deem proper, shall be dissolved. 


8. This section shall also apply to any domestic company 
which is doing, has done, or is attempting to do, or representing 
that it is doing an insurance business in this state, or which is 
in process of organization intending, or representing that it is 
intending to do any such business therein. 


Sec. 5. (3148) May revoke certificate—Whenever any of 
the grounds mentioned in the next preceding section are shown 
to exist after a hearing upon notice to the company as to a do- 
mestic company, the department of trade and commerce may re- 
voke the certificate of authority of such company to do business 
instead of applying to the court, which order of revocation shall 
be subject to a review within forty days thereafter by the dis- 
trict court of the county in which the home office of such company 
is situated. All proceedings, however, shall be conducted there- 
after the same as if the suit had been originally instituted by 
the department of trade and commerce. 


Sec. 6. (8149) Same—foreign company.— Whenever any of 
the grounds mentioned in the second preceding section exist as 
to foreign or alien companies, the department of trade and com- 
merce shall revoke the certificate of authority of such company 
to do business in this state, which order of revocation shall be 
subject to review within forty days thereafter by the district 


—151- 


court of the county in which the capital of the state is located. 
An appeal by the company shall give the court full power over 
it, to deal with it and its property within this state as justice 
and equity may require; but such appeal shall not stay the opera- 
tion of the order of revocation, so far as it applies to the tran- 
saction or doing of new business. 3 


Sec. 7. (8150) Foreign company—appointment of attorney 
for service.—The department of trade and commerce shall not 
issue a certificate of authority to transact any business of insur- 
ance in this state to any foreign or alien insurance company un- 
til it has executed and filed in the office of the department of 
trade and commerce, a written appointment of the department 
of trade and commerce to be the true and lawful attorney of 
such company in and for this state upon whom all lawful pro- 
cess In any action or proceeding against such company commenced 
in any county in this state may be served with the same effect 
as if it were a domestic company having its principal office in 
such county. The service upon such attorney shall thereafter 
be deemed service upon the company. Service of process against 
any such company may be had by serving duplicate copies upon 
the department of trade and commerce and upon such service 
being made upon it as such attorney, it shall forthwith mail by 
registered letter one of such duplicate copies of such process to 
such company at its home office, or general agency, or in the case 
of any alien company, to the resident manager, if any, in this 
country. The department of trade and commerce shall keep a 
record of all such processes which shall show the day and hour 
of service. 

See. 8. (8151) Increase or decrease of capital.—The de- 
partment of trade and commerce shall cause to be examined by 
its officers, the proceedings of every domestic insurance company 
to increase or reduce is capital stock, and if found comformable 
to law and approved by the department of trade and commerce, 
shall issue a certificate of authority to such company to transact 
business upon such increased or reduced capital. It shall require 
a vote of one-half of the capital stock to increase or decrease 
the same. 

Sec. 9. (3152) Annual statement blanks.—The department 
of trade and commerce shall, annually, in December, furnish to 


—152- 


each insurance. company, authorized to do business in this state, 
two or more blank forms on which to make its annual statement 
to the department of trade and commerce. 

Sec. 10. (8153) Records of department.—The department 
of trade and commerce shall preserve in a permanent form a 
record of its proceedings, and the acts and proceedings of its 
officers, including a concise statement of the results of all in- 
vestigations or examinations of insurance companies; and a cer- 
tificate under the seal of the department of trade and commerce 
relative to the authority of the company agent or broker to 
transact business in this state upon any particular date, shall be 
received by any court in this state in lieu of the testimony of 
the secretary of the department of trade and commerce. 


Sec. 11. (8154) Report—contents—printing.—The depart- 
ment of trade and commerce shall transmit to the governor, ten 
days prior to the opening of each session of the legislature, a 
report of its official transactions, and containing, in.a condensed 
form, the statements made to the department of trade and com- 
merce by every insurance company authorized to do business 
in this state, pursuant to the provisions of this.article, as audited 
and corrected by it, and arranged in tabular form or in abstracts, 
in classes, according to the kind of insurance, and which report 
shall also contain: 


1. A statement of all insurance companies authorized to do 
business in this state during the year ending the thirty-first day 
of December next preceding, with their names, locations, amounts 
of capital, dates of incorporation and of the commencement of 
business and kinds of insurance in which they are engaged re- 
spectively ; , 


* 


2. A statement of the insurance companies whose business 
has been closed since making the last report, and the reasons for 
closing the same, with the amount of their assets and liabilities 
so far as the same are known or can be ascertained by the de- 
partment of trade and commerce; 


3. The names and compensation of the officers and em- 
ployees employed by it, and the whole amount itemized, of the 
expenses of the department of trade and commerce during such 
period ; 


SB % 


4. Any amendments to this article, which, in the judgement 
of the department of trade and commerce, may be desirable. 


In addition to one hundred and fifty copies of the insurance 
report for the use of the legislature there shall be printed and 
bound by the state the necessary number of copies thereof for 
the use of the departmnt of trade and commerce. The depart- 
ment of trade and commerce shall also compile and have printed 
by the state all books and insurance laws in pamphlet form for 
distribution. 


See. 12. (8155) Fees.—The department of trade and com- 
merece shall require, in advance, the following fees: For filing 
and examination of the first application of any company or asso- 
ciation, and issuing of the certificate of license thereon, fifty 
dollars; except assessment associations which shall pay a fee of 
ten dollars only; for filing each subsequent annual statement 
herein required, and issuing the certificate of license thereon, 
twenty dollars, except assessment associations which shall pay a 
fee of two dollars only; for each certificate of authority to a 
company or association incorporated by or under the laws of 
any other state or country, or any agent or agents of such com- 
pany, two dollars; for each certificate of authority issued to any 
domestic company, or any agent or agents of such company, fifty 
eents; for filing any report which may be required by the depart- 
ment of trade and commerce from any unincorporated mutual 
association, two dollars; for every copy of any paper filed as 
herein provided, the sum of ten cents per one hundred words or 
fraction thereof, and fifty cents for certifying to the same and 
affixing the seal thereto. All of such fees shall be paid in advance 
into the state treasury, and by the state treasurer placed in the 
account of and for the use of the general fund. 


Sec. 13. (3156) Who agents represent.—Every agent or 
broker who shall solicit an application for insurance of any kind 
shall, in any controversy between the insured or his beneficiary — 
and the company issuing any policy upon such appleation, be 
regarded as representing the company and not the insured. 

See. 14. (8157) Fees for examination.—Every insurance 


company of every kind or class now engaged or that may here- 
after be engaged in the business of insurance in this state, upon 


a 4 ba 


any examination being made of its affairs by the department of 
trade and commerce or by any person authorized by said depart- 
ment of trade and commerce, shall pay the fees and expenses of 
such examination in the following manner: Immediately after 
the completion of any examination of any insurance company 
doing business in this state, the officer or person authorized to 
make examination shall make out an itemized bill for services 
as such examiner, which shall include hotel and traveling ex- 
penses, and the cost of any assistants that shall be necessary, to- 
gether with the sum of ten dollars per day for services, including 
the time of going to and from the place where such examination 
- is made. The same shall be filed with the insurance company 
examined, and such insurance company shall immediately remit 
the amount due for such examination in the name of the state 
treasurer; and such remittance shall be sent to the department 
of trade and commerce, and by it, paid into the state treasury. 
The examiner, upon making such examination and investigation, 
shall prepare an itemized statement of the expenses involved in 
making such examination. Upon presentation of such voucher 
to the state auditor, properly signed and sworn to by the person 
making such examination, countersigned by the department of 
trade and commerce, the auditor is hereby authorized to draw 
_his warrants against the general fund therefor, in the same man- 
ner in which warrants are drawn for the payment of other bills. 
In cases where the examination is made by other than an officer 
or regular employee of the board he shall be compensated for his 
services in addition to the expenses as stated herein and in the 
same manner and amount. 


Sec. 15. (8158) License revoked on removal of suit.—When- 
ever there shall be filed with the department of trade and com- 
merce a certified copy of the petition filed in any district court 
of this state by any foreign or alien insurance company or asso- 
ciation doing business in this state, showing that any such com- 
pany or association has removed any suit between itself and a 
citizen, or citizens, of this state to the federal court, the depart- 
ment of trade and commerce shall forthwith cancel, revoke and 
annul the authority of such company or association to transact 
the business of insurance in any of its forms in this state. 


Sec. 16. (3159) Same—reinstatement.— When the authority 


—155- 


of any foreign or alien insurance company or association to trans- 
act the business of insurance in this state has been cancelled, 
revoked and annulled pursuant to the provisions of the next pre- 
ceding section, it shall be unlawful for the department of trade 
and commerce to again authorize or license such company or 
association to transact the business of insurance in any of its 
forms in this state until the expiration of three years from and 
after the date of such cancellation, revocation or annulment. 


Sec. 17. (Ch. 72, 1917) Reciprocal licenses—taxes.— When- 
ever the laws of any other state, or the rules and regulations of 
the insurance department of any such state, shall require of in- 
surance companies organized under the laws of this state any 
deposit of securities or money in such state for the security of 
the policy holders, or any payment of taxes, fines, penalties, certi- 
ficates of authority, licenses or fees, or any other duties, examina- 
tions or acts than are by the laws of this state required of such 
companies organized under the laws of such other state, then 
the department of trade and commerce shall immediately re- 
quire from every insurance company of every kind and character 
whatever of such other states, transacting, or seeking to transact 
business in this state, a like payment of all licenses, taxes, fines 
or penalties, and a like making of all deposits of securities and 
statements and the like doing of all acts which by the laws or 
rules of the insurance department of such other state, are in 
excess of the licenses, fees, fines, taxes, deposits, statements, 
penalties, acts, examinations or duties required by the laws of 
this state of the companies of such other states. Whenever the 
laws of any other state, or the rules and regulations of the in- 
surance department of any such state, shall require of insurance 
companies organized under the laws of this state the payment of 
loan, surrender or non-forfeiture values to policy holders of such | 
companies within such other state or states, based upon a 
minimum rate of interest less than that used by such Nebraska 
company, or companies, in computing the amount of such loan, 
surrender or non-forfeiture values to be paid to its policy holders 
within this state, then, as a condition precedent to a company 
organized under the laws of such other state, being permitted 
to conduct or continue to conduct business in this state, the de- 
partment of trade and commerce may require that such company 


—156-— 


shall compute the loan, surrender or non-forfeiture values to be 
‘paid to Nebraska policy holders, by such company or companies, 
of such other state on the basis of a minimum interest rate less 
than the interest rate used by such company or companies as a 
basis for such loan, surrender or non-forfeiture values in its 
home state, by an amount equal to the difference between the 
rate used by such Nebraska company or companies in computing 
such values to be paid to its policy holders in this state and the 
minimum rate required by such other state or states, to be used 
by such Nebraska company or companies in computing the 
amount of such values to be paid by it to its policy holders in 
such other state or states. Whenever the laws of any other state 
or the rules and regulations of the insurance department of such 
state shall require of, or place restrictions upon, or fix the quali- 
fication for insurance agents residing in this state, but who are 
doing, or desire to do, business in such other state or states, other 
or different than in this state, are required of, placed upon or 
fixed for insurance agents residing in such other state or states, 
but who are doing or desire to do, business in this state, then the 
department of trade and commerce of this state may make the 
same requirements of, or place the same restrictions upon, or fix 
the same qualifications for all insurance agents residing in such 
other state or states, who are doing, or desire to do, business in 
this state, as are, by such other state, or states, required of, placed 
upon or fixed for insurance agents residing in this state, but who 
are doing, or desire to do business in such other state or states. 


Sec. 18. (3161) Unauthorized companies—agents—hire— 
service.—The department of trade and commerce in consideration 
of a yearly payment of one hundred dollars and the furnishing 
of a bond as hereinafter provided, may issue to any citizen in this 
state, a license revocable at any time, permitting the party named 
in such license to place or effect insurance upon risks located in 
this state with companies not licensed to do business in this 
state. No person shall place, procure or effect insurance upon 
any risk located in this state in any company not licensed to do 
business in this state until such person shall have first procured 
a license from the department of trade and commerce as pro- 
vided in this section and has furnished a bond to the state of 
Nebraska in the penal sum of not less than five hundred dollars, 


—157- 


nor more than three thousand dollars, the amount thereof to be 
fixed by the department of trade and commerce with. sureties 
thereon to be approved by the department of trade and com- 
merce conditioned that he will conduct such business in acecord- 
ance with the provisions of this section, and will pay the taxes 
assessed against such company. Every such agent shall keep a 
true and complete record of the business transacted by him, 
showing: 

1. The exact amount of each insurance; 

2. The gross premiums charged therefor ; 

3. The return premium paid thereon; 


4. The rate of premium charged for such insurance upon 
the different items of property ; 


5. The date of such insurance and terms thereof; 


6. The name and address of the compauy making such in- 
surance; 

7. The name and address of the insured and a brief and 
general description of the property insured, where located, and 
such other facts and information as the department of trade and 
commerce may direct and require, which record shall at all times 
be open and subject to the inspection and examination of the 
department of trade and commeree or its officers. Every policy 
procured and delivered under the provisions of this section shall 
have stamped upon it and be initialed by the agent clearing the 
same in this state the following: 


oe Beare nua econ Us ROK oo NOK the, DEOVISIONS 
of the laws of Nebraska relating to insurance.’’ 


Every agent who places, effects or delivers any insurance 
or insurance policy, as provided in this section shall annually 
on or before the fifteenth day of February, in each year make 
and file with the deparment of trade and commerce a verified 
statement upon a form prescribed by the department of trade 
and commerce, which shall exhibit the true amount of all such 
business transacted during the year ending on the thirty-first 
day of December next preceding the making thereof, showing 
the gross amount of each kind of insurance, the gross premiums — 


“183 


charged, the aggregate amount of return premiums paid to the 
insured, the amount of net premiums, and such other facts as the 
department of trade and commerce may prescribe and require. 
The agent making such statement shall list with the proper as- 
sessor the premiums received and pay taxes thereon in the same 
manner as other foreign companies. 


Before any insurance shall be procured, or effected under 
such license, there shall be executed by such agent, and by the 
party or his authorized agent desiring insurance, an affidavit, 
which shall be filed with the department of trade and commerce 
within thirty days after procuring such insurance. Such affidavit 
shall set forth that the party desiring insurance is, after diligent 
effort, unable to procure the insurance required to protect the 
property owned or controlled by him, from the companies licensed 
to transact business in this state. 


Every company making insurance under the provisions of 
this section shall be held to be doing business in this state as 
an unlicensed company and may be sued upon any cause of action 
arising under any policy of insurance so issued and delivered by 
it in the county where the agent who registered or delivered 
such policy resides or transacts business, by the services of sum- 
mons made upon such agent for such company. Upon service of 
summons being had upon such agent, the court in which the ac- 
tion in (is) begun shall be deemed to have duly acquired jurisdic- 
tion in persona of the defendant company so served. 


Every such agent who fails or refuses to make and file such ~ 
annual statement shall be fined the sum of twenty-five dollars 
for each day of such delinquency, after the date upon which it 
should be filed and if he shall violate any of the provisions of 
this section, the license of such agent shall be immediately re- 
voked by the department of trade and commerce and no license 
shall be issued to him within one year from the date of such 
revocation, nor until the department of trade and commerce 
shall be satisfied that full compliance with the provisions of this 
section will be had. 

Sec. 19. (8162) Business to be placed with solvent com- 
panies—penalty.—Every agent or broker, transacting business 
under the provisions of the next preceding section, shall ascer- _ 


—159- 


tain the financial condition of each company before the (he) 
procures a policy of insurance therefrom, or places any insurance 
with such company. Any agent or broker, who knowingly places 
any insurance with, or procures any insurance from any com- 
pany whose unimpaired capital if a stock company, or if other 
than a stock company, whose cash assets are less than two hun- 
dred thousand dollars after providing for re-insurance reserve 
on the pro rate basis, shall be fined not less than twenty-five 
dollars nor more than one hundred dollars, and his license shall 
be immediately revoked by the department of trade and com- 
merce. 


Sec. 20. (8163) Existing companies may continue.—Every 
domestic insurance company, association or society previously 
organized and licensed to transact business in this state at the 
time this article goes into effect, is hereby recognized as an exist- 
ing company, and shall have the right to continue such business 
under the provisions of this article. 


Sec. 21. (8165) Officers of company.—The directors of every 
stock company and the board of directors or policy holders of 
every mutual company or assessment association, as provided in 
the articles of incorporation, may elect such officers as are neces- 
sary to conduct the business of the company, including a presi- 
dent, secretary and treasurer thereof, and such other officers and 
employees as may be required to carry on the business of the 
company, and may fix their terms of office or employment, their 
salaries and compensation and which shall not be in conflict with 
_ any of the provisions of this chapter relating thereto. 


ARTICLE IV. 
GENERAL PROVISIONS. 


Section 1. (8166) Application of general laws.—The gen- 
eral provisions of law relating to the powers, duties and liabili- 
ties of corporations, and the incorporation thereof, excepting as 
otherwise provided herein, shall apply to all incorporated insur- 
anee companies so far as such provisions are applicable or per- 
tinent to and not in conflict with other provisions of the law 
relating to such companies. But no insurance company shall 
be required to publish a notice of its indebtedness. 


—160- 


Sec. 2. (3167) Certificates of authority——No insurance 
company shall transact any insurance business in this state unless 
it has received a certificate of authority from the department of 
trade and commerce to do so. This certificate shall expire on 
the last day of April in each year and shall be renewed annually 
if the company has continued to comply with the laws of this 
state, and the rules and regulations of the department of trade 
and commerce. Authority to do an insurance business in this 
state shall be refused any company hereafter organized whose 
organization and promotion expenses exceed ten per cent. of the 
par value of the stock actually sold for cash. 7 


Sec. 3. (3168) Name of company to appear on poles 
Every insurance company shall conduct its business in this state 
in its own name, and the policies and contracts of imsurance is- 
sued by it shall be headed or entitled by such name. Two or 
more companies may jointly issue an underwriter’s policy, upon 
which must appear the names of the companies guaranteeing the 
same, and such companies shall be jointly and severally liable : 
thereon: Provided, this limitation shall not apply to any insur- 
ance company admitted to this state and issuing an underwriter’s 
policy prior to the passage and approval of this article, nor, in 
the discretion of the department of trade and commerce, to any 
insurance company desiring to issue an underwriter’s policy after 
the passage and approval of this Article. 


See. 4. (3169) Unlawful use of name.—It shall be unlaw- 
ful for any insurance company to permit the use of its name, or 
for any other company, person or firm to use the name of any 
insurance company in such a way as to deceive or mislead the 
public. The violation of this section by an insurance company 
will be ground for the revocation of its license, and the person, 
firm or corporation so using the name of an insurance company 
shall be punished by a fine of not exceeding one hundred dollars 
for each offense. 

Sec. 5. (3170) Policy issued in name of party in interest.— 
No policy of insurance shall be issued upon any property except 
in the name of some party having an interest in the property. 


Sec. 6. (3171) Who governed by law.—All domestic in- 
surance companies, and insurance agent, solicitor, broker, sur- 


—161- 


veyor or adjuster doing business in this state, and all insurance 
business transacted in whole or in part within or outside of this 
state, the subject and matter of which is located wholly or in 
part in this state, shall be subject to and be governed by this 
article, and the records of such insurance company, agent, 
solicitor, broker, surveyor or adjuster doing business in this state 
shall be subject to inspection and examination of the department 
of trade and commerce. 


See. 7. (8172) ‘‘Agent’’ defined.—Any person, firm or cor- 
poration in this state who shall with authority receive or receipt 
for any money on account of, or for any contract of Insurance 
made by him or them, or for any such insurance company or 
individual aforesaid, or who shall with authority receive or re- 
ceipt for money from other persons to be transmitted to any 
such company or individual aforesaid for a policy or policies of 
insurance, or any renewal thereof, although such policy or poli- 
cies of insurance may not be signed by him or them, as agent 
or agents of such company, or who shall in any wise make or 
cause to be made any contract or contracts of insurance, for or 
on account of such company aforesaid, shall be deemed, to all 
intents and purposes, an ‘‘agent’’ or ‘‘agents’’ of such company. 


See. 8. (3178) Preliminary requirements—papers to be filed. 
—Every insurance company before engaging in the business of 
insurance in this state must file in the office of the department of 
trade and commerce a legally authenticated copy of its charter, 
articles of incorporation, or association or record of its organiza- 
tion and by-laws as follows: 


1. If a domestic company, a copy of its articles of incor- 
poration, or association together with any amendments or altera- 
tions made therein ; : 


2. If a foreign or alien company, a copy of its articles of 
mcorporation or charter and by-laws, including all amendments 
or alterations made therein, with a certificate duly certified by 
the officer having the custody of such articles or charter, under. 
his seal of office, that such company is duly authorized under 
the laws of such state or country to do business therein, and a 
certificate showing the amount of capital stock and assets as 
required by this article, together with a copy of its last annual 


a6 


statement made in the state or country where it is organized, 
duly certified : 


3. Furnish such other information and copies of all other 
papers which the department of trade and commerce may require. 


See. 9. (8174) Capital and assets required—foreign com- 
pany.—No foreign or alien insurance company shall be permitted 
to transact any business of insurance in this state unless it pos- 
sesses, in its own exclusive name and right, paid up, unimpaired 
capital stock, if a stock company, or must own, have and possess, 
in its own exclusive name and right, net assets unimpaired of 
the kind required by this chapter, if a mutual company, equal to 
the minimum amount of the paid up capital, or assets required 
by this article to entitle any domestic insurance company. to 
transact a like business. No part of said minimum eapital or 
assets shall consist of the capital stock of its own or any other 
insurance company. No alien insurance company shall be author- 
ized to transact any business of insurance in this state unless it 
shall have deposited with: the insurance department of some one 
state in the United States not less than two hundred thousand 
dollars in approved securities for the benefit of all its policy 
holders in the United States. 


‘See. 10. (Ch. 78. 1917) Insurance companies—authorized 
investments.—The capital stock of every domestic insurance com- 
pany shall be invested and kept invested to the extent of the 
minimum capital required by law as follows: 


1. In legally executed bonds, warrants and securities of the 
United States or the District of Columbia, or of any state of the 
United States not estimated above their par value, nor their eur- 
rent market value: or, | 


2. In legally executed bonds, warrants and securities of any 
county, incorporated city or school district in any state which 
has not defaulted in the payment of interest on any of its bonds, 


warrants or securities within three years, and which shall not — 


be estimated above their par value nor their current market 
value: or, 

3. In legally issued bonds or notes secured by first mort- 
gage on real estate in this or any of the other states of the United 
States worth, with the improvements thereon, at least double the 


—163-— 


sum loaned thereon. Where buildings or other improvements 
constitute a material part of the value of the mortgaged premises, 
they shall be kept insured against loss or damage by fire in a 
reasonable amount for the benefit of the mortgagee. 


4. The residue of the capital, together with the surplus and 
other funds of every such company, may be invested in or loaned 
on the pledge of any of the above securities; or in any bonds of 
drainage or irrigation districts within the state of Nebraska o1 
other state within the United States of America, or bonds issued 
by any farm loan bank doing business under authority of the 
United States of America, but such funds shall not be invested 
in or loaned opon any other bonds or obligations which shall not 
be secured by adequate collateral security or where more than 
one-third of the total value of the collateral security therefor 
shall consist of shares of stock: Provided, the amount loaned 
on real property or mortgages thereon does not exceed fifty per 
cent of the reasonable cash market value of such property, and 
the requirements as to keeping the improvements thereon insured 
is observed. Said funds may also be loaned by a life company on 
any of its policies, not exceeding the legal reserve thereon. 


See. 11. (8176) Same—foreign company.—The capital and 
funds of every foreign or alien insurance company shall be in- 
vested and kept invested in the same class of securities specified 
for domestic insurance corporations, except that securities author- 
ized by the law of the home state, or country, of such company 
may be recognized as legal investments, in the discretion of the 
department of trade and commerce. 


Sec. 12. (3177) Domestic company may acquire real estate. 
—Every domestic insurance company may invest in such real 
property as shall be requisite for its home offices in the transac- 
tion of its business, and may rent the balance of any space there- 
in. No such investment shall hereafter be made in excess of 
twenty-five per cent. of the amount of its admitted assets. It 
may also acquire such other real estate: 


1. As shall have been mortgaged to it in good faith by way 
of security for a loan previously contracted, or for money due; 

2. Such as may be conveyed to it in satisfaction of debts 
previously contracted in the course of its dealings; 


—164— 


3. Such as may be purchased at sale upon judgments, de- 
crees or mortgages obtained or made for such debts. 


If such company acquires title to or a lien upon any prop- 
erty or securities which it may not otherwise invest in, or loan 
its funds upon, it shall dispose of the personal property within 
two years and the real property within five years from the time 
of acquiring the same. The department of trade and commerce, 
upon proper showing, may extend such period a reasonable time 
not exceeding three years. 


See. 13. (Ch. 74, 1917) Domestic companies—deposit of 
securities.—Every domestic company, excepting fire, lightning 
and tornado assessment associations, shall deposit all of its in- 
vestment securities, not including premium notes, with the de- 
partment of trade and commerce for the benefit of its policy 
holders until they aggregate the sum of one hundred thousand 
dollars, and thereafter keep such amount of its securities de- 
posited with the department of trade and commerce and no more, 
as near as may be practicable:’ Provided, any domestic insurance 
company desiring to transact business in any other state may 
deposit with the department of trade and commerce securities 
to the amount and value required by such other states as a con- 
dition to the permission to do business therein by such company. 
As long as the company-remains solvent, it may collect the in- 
terest on all of its securities so deposited and it may withdraw 
any of them by depositing other of equal value. The department 
of trade and commerce shall give to each company a receipt for 
every. security deposited. Every such company shall, on or be- 
fore the third day of January and July of each year, file with 
the department of trade and commerce, a true list of all its 
securities not so deposited with the department of trade and 
commerce held by such company on the last day of the preceding 
month. The department of trade and commerce, as often as it 
is deemed advisable, may cause an examination to be made of 
the securities held by any such company. 

Sec. 14. (8179) Prohibition upon officers.—No director or 
officer of any domestic company doing business under this article 
shall receive any money or valuable consideration for negotiat- 
ing any loan for any such company, or for selling or aiding in 


—165- i 


the sale of any property to or by the company, nor shall such 
director or officer borrow money from, or buy from or sell to any 
such corporation, any property. No. investment, sale or loan, 
except loans on its own policies shall be made, which has not 
first been authorized by the board of directors, or by a commit- 
tee thereof, charged with the duty of investing or loaning the 
funds of the company; nor shall any deposit be made in a bank 
or banking institution in excess of the sum of two thousand 
dollars, unless such bank has first been approved as a bank of 
deposit by the board of directors or such committee thereof, and 
unless a vote of the board or such committee thereof authorizing 
such investment, sale or loan or approval of the place of deposit, 
has been duly recorded in the books of the company. 


Sec. 15. (8180) Losses—deposits.—Whenever any company 
shall sustain losses in excess of its other resources, the depart- 
ment of trade and commerce, upon proper showing, may turn 
over to it so much of its securities as shall be Heasicy to pro- 
vide funds to pay its loses (losses), and such securities shall not 
be used for any other purpose. The department of trade and 
commerce may allow such company a reasonable time within 
which to deposit other securities in an amount equal to those 
withdrawn. Any company enterning (entering) into a reinsur- 
ance contract whereby its entire business is reinsured as provided 
in this chapter may, upon a showing that all its outstanding ob- 
ligations have been paid or assumed by the reinsurance company, 
withdraw all its securities deposited with the department of 
trade and commerce. 


Sec. 16. (Ch. 75, 1917) Annual statement.—Every insur- 
ance company doing business in this state, unless otherwise pro- 
vided or excepted in this article, must make and file with the 
department of trade and commerce, on or before the first day of 
March of each year, a statement under oath for the year ending 
December 31st immediately preceding upon a form to be pre- 
seribed and furnished by the department of trade and commerce, 
which form shall at least include the substance of that required 
. by what is known as the ‘‘convention’’ blank form, adopted 
from year to year by the national convention of insurance com- 
missioners, and shall also include the salaries and compensations 
of the officers and any other information required by the depart- 


Beil 155 hg 


" —166- 


ment of trade and commerce. The department of trade and 
commerce shall not issue any license to any company, either 
domestic or foreign, until.the said company has complied with 
all the provisions of this section. 


Sec. 17. (8182) Salaries—officers——No domestic company 
shall pay any salary, compensation or emolument to any officer, 
trustee or director thereof, in excess of a reasonable compensa- 
tion for the services performed by such person and in no ease 
amounting in any one year to more than five thousand dollars, 
to any person, firm or corporation unless a greater sum shall be 
first authorized by a vote of two-thirds of the board of directors 
of such company, if a stock company, duly recorded in the minutes 
of the board meeting; and if a mutual or assessment company, 
unless a greater sum shall be first authorized by a vote of two- 
thirds of those present in person or by proxy, of the policy hold- 
ers of such company, at an annual meeting, duly cast and re- 
corded in the minutes of such meeting. No such company shall | 
make any agreement with any of its officers or employees except 
soliciting agents whereby it agrees that for any services ren- 
dered, or to be rendered, they shall receive any salary or com- 
pensation that will extend beyond a period of five years from 
the date of such agreement; nor shall it pay any pension what- 
soever. No officer, director or trustee who is paid a salary for 
his services of more than two hundred dollars per month, sal 
receive any other compensation. 


Sec. 18. (8183) Vouchers for expenditures.—No domestic 
company shall make any disbursements of twenty-five dollars or 
more unless the same be evidenced by a voucher signed by or on 
behalf of the person, firm or corporation receiving the money and 
correctly describing the consideration for the payment. If the 
expenditure be for both services and disbursements, the vouchers - 
shall set forth the services rendered and an itemized statement 
of the disbursements made. If the expenditure be in connection 
with any matter pending before any legislature or public body, - 
or before a department or officer of any state or government, 
the voucher shall correctly describe, in addition to the nature of 
the matter, the interest of such company therein. When such 
vouchers cannot be obtained, the expenditure shall be evidenced 
by an affidavit of some officer of the company describing the 


—167- 


character and object of the expenditure and stating the reason 
for not obtaining such vouchers. 


See. 19. (3184) Business authorized.—No domestic insur- 
ance company shall transact any business other than that specified 
in its articles of incorporation and no foreign or alien company 
admitted to transact business in this state shall transact any 
other kind of business than that which it has been authorized 
by the laws of the state or country of its incorporation to do. 


Sec. 20. (8185) Policy provisions voided.—No insurance 
company shall issue in this state any policy or contract of insur- 
ance containing a provision, stipulation, or agreement that such 
policy shall be construed according to the laws of any other 
state or country, or any provision limiting the time within which 
an action may be brought to less than the regular period of time 
prescribed by the statutes of limitations of this state, unless 
otherwise prescribed by this article. 


See. 21. (3186.) Combination agreements prohibited.—If 
any insurance company authorized to transact business in this 
state, or any agent or representative thereof, shall, either within 
or outside this state, directly or indirectly enter into any con- 
tract, understanding or combination with any other insurance 
company, or agent or representative thereof for the purpose of 
controlling the rates to be charged for insuring any risk or class 
or classes of risks in this state, the department of trade and 
commerce shall forthwith revoke its license, and those of its 
agents, and no renewal of the license shall be granted until after 
_ the expiration of one year from the date of final revocation. 


Sec. 22. (8187) Warranty not avoid policy unless decep- 
tive.—No oral or written misrepresentation of warranty made 
in the negotiation for a contract or policy of insurance by the 
insured, or in his behalf, shall be deemed material or defeat or 
avoid the policy or prevent its attaching unless such misrepre- 
sentation or warranty deceived the company to its injury. The 
breach of a warranty or condition in any contract or policy of 
insurance shall not avoid the policy nor avail the insured to 
avoid liability unless such breach shall exist at the time of the 
loss and contribute to the loss, anything in the policy or contract 
of insurance to the contrary notwithstanding. 


~168- 


Sec. 23. (8188) Insurance to be placed through agents.—: 


No insurance company admitted to do business in this state ~ 


shall write, place or cause to be written or placed, any policy 
of insurance covering risks located or residing in this state, 
except through or by a duly licensed agent of such company 
residing within or licensed by the department of- trade and com- 
merce, except that any officer of a domestic company may write 
or place a policy of insurance if done at the home office of such 
company. 

Sec. 24. (8189) Dividends to be paid from earnings.—It 
shall be unlawful for the officers, directors, trustees or managers 
of any domestic insurance company to declare or pay any divi- 
dends, except from the surplus profits arising from its business, 
which shall be ascertained in accordance with the requirements 
and. provisions of this article. i 


Sec. 25. (8190) False statements as to assets prohibited.— 
No insurance company, or agent or solicitor thereof shall any- 
where publish, represent or advertise assets except those actual- 
ly owned by the company in its own exclusive right available 
for the payment of losses and claims and held for the protection 
of its policy holders and creditors; or make any false or mis- 
leading statements, or suppress any of its liabilities. ; 


Sec. 26. (3191) Advertisement of capital and surplus.— 
Every advertisement or public announcement, and every sign, 
circular or card issued by any insurance company doing busi- 
ness in this state, purporting to show its financial condition, shall 
correspond with or include the corresponding items from its veri- 
fied statement made to the department of trade and commerce. 
For violation of this or the preceding section by a company, it 
shall be fined for the first offense the sum of two hundred and 
fifty dollars, and for every subsequent offense, the sum of five 
hundred dollars. 


Sec. 27. (8192) Agents—admitted companies.—No person 
shall act as soliciting agent or broker for any insurance company 
in the transaction of any business of insurance within this state, 
or negotiate for or place risks for any such company, or in any 
way or manner aid such company in effecting insurance in this 
state except as provided in section 18 of Article III, unless such 


—169- 


company shall in all things have complied with the provisions 
of this Article. Every insurance soliciting agent or broker shall 
annually procure a license from the department of trade and 
commerce which shall make and keep a record thereof. Only 
a natural person shall be licensed as an agent or broker and 
every license shall expire on the last day of April in each year. 


See. 28. (Ch. 76, 1917) Agents—application for license.— 
No license shall be issued to any agent, except upon application 
of the company upon a form to be furnished by and filed with 
the department and no license shall be issued for any broker’s 
license until such applicant shall have filed an application there- © 
for upon a form furnished by the insurance board. The depart- 
ment shall furnish to each insurance company application blanks 
to be filled out and signed by the agent applying for the license. 
The application blanks shall require the agent to state his name, 
residence, the name or names of any insurance companies he 
may have worked for, or solicited insurance for in the past, 
together with their address, and whether or not he was dis- 
charged or voluntarily left the employment of such other com- 
pany or companies; it must also show how long applicant has 
been engaged in the insurance business and in what branches. 
The agent shall also state in said application whether or not 
he owes said insurance company or companies any money for 
premiums collected by him and not turned over to said company, 
or for money advanced by said company or companies and not 
paid back. He shall also state whether he violated any of the 
insurance laws of the state while he was in the employ of said 
company or companies. The statements and answers made in the 
applications shall have the same force and effect as if sworn to. 
If said application of said agent shows that such applicant owes 
_ any insurance company money for premiums collected or money 
advanced, or that said applicant violated any insurance laws 
of this state or of any state where he may have been employed 
aS an insurance agent, then in that case it shall be the duty of 
the department to withhold the license applied for. It shall also 
be the duty of the department to withhold any license applied 
for when it is satisfied that the principal use of such license is 
to effect insurance upon the property, life, health, or liability of 
such person, his employer, or employee, or to circumvent the en- 


‘ —170- 


forcement of the antirebate law. If a license shall be granted to 
said applicant and the application, or ‘any statement therein 
contained is found to be untrue, then in that case the depart- 
ment shall at once cancel said license. Upon the filing of an 
affidavit, duly verified by two residents of the State of Nebraska 
that an agent holding such a license has misrepresented the pro- 
visions of any policy of insurance in the solicitation or sale of 
such a policy, alleging the facts constituting such misrepresenta- 
tion, the department shall file such affidavit in the office of the 
county judge of the county in which such misrepresentation is 
alleged to have been made and upon the filing of such affidavit 
a cause shall be docketed as in other civil cases in county courts, 
the agent being designated the defendant. A summons shall be 


issued for the defendant, which summons may be served in any 
county in this’ state where the defendant may be found, and 


upon the return day of the summons if a continuance be not 
granted a trial shall be held to the court without a jury, at the 
conclusion of which the court shall make a finding of the facts 
and law. In case the finding of the court is that said complaint 
is sustained, the judgment of the court shall be that the defend- 
ant’s license be cancelled and that the defendant pay the costs, 
and if the finding be that the complaint is not sustained, the 
action shall be dismissed at the cost of the complainants. Pro- 
vided, that either party may appeal to the district court, by 
giving bond, as in other civil cases. 


Sec. 29. (8194) Revocation of agent’s license—Upon the 
notice and hearing, the department of trade and commerce may 
revoke for a period of not less than thirty days, nor for more 
than one year, for the first offense, and for a period of not 
less than two years nor more than five years for the second of- 


fense, the license of any agent or broker who violates any of 


the provisions of this article, or if he obtained the license origin- 
ally, to circumvent the enforcement of the anti-rebate provision 
hereof, or if he has been guilty of fraudulent practices. 

Sec. 30. (38196) False statement in application—Any agent, 
broker, examining physician or other person, who knowingly and 
wilfully makes a false or fraudulent statement, or misrepresenta- 
tion, in or relative to an application for insurance, or who makes 
any such statement for the purpose of obtaining a fee, commis- 


—171- 


sion, money or benefit in a company transacting such business 
under the provisions of this article shall be fined not less than 
twenty-five dollars nor more than one hundred dollars. | 

See. 31. (3197) False proof—penalty.— Whoever, knowing 
it to be such, presents or causes to be presented, a false or fraudu- 
lent claim, or any proof in support of a false or fraudulent claim 
for the payment of a loss upon a contract of insurance, or pre- 
pares, makes or subscribes to a false or fraudulent account, 
certificate, affidavit or proof of loss or other document in writ- 
ing, with intent that the same be presented or used in support 
of such claim, shall be fined in any sum not exceeding five hun- 
dred dollars. ; 


Sec. 32. (3198) Violations to be reported.—Every insurance 
company, agent, solicitor or broker, and every person or party 
having knowledge of violation of any of the provisions of this 
article, is required to promptly report the facts and circumstances 
pertaining thereto to the department of trade and commerce, 
which report and the name of the informant may be held con- 
fidential by the department of trade and commerce, its officers, 
assistants and employees and not be made public. 


See. 33. (8199) Annual meetings.—Every domestic com- 
pany, association or society shall hold an annual meeting of its 
stockholders, if a stock company, and of its members, if a mutual 
company, or an assessment association or society, in the month 
of January or February for the purpose of receiving the report 
of its officers and directors and to elect directors, and transact 
such other business as may be lawful for it to do. Each share 
of stock in a stock company and each policy holder in a mutual 
company or assessment association shall be entitled to one vote 
in the election of directors, and on all matters coming before 
the: meeting, and if unable to attend in person may appoint any 
officer, stockholder or member his proxy to vote his stock or 
policy, as the case may be. All proxies shall be filed with the 
company at least five days prior to the day of the meeting, and 
they shall expire within six months from their date, unless other- 
wise provided in the application or policy. 


Sec. 34. (3200) Insurance applied to insured’s interest.— 
When the name of the party intended to be insured is specified 


—172- 


in a policy such insurance can be applied only to his own proper 
interest. 


Sec. 35. (3201) Insurance to agent.— When insurance is is- 
sued to an agent or trustee, the fact that his principal or bene- 
ficlary is the person really insured is sufficiently indicated by 
describing him as agent or trustee or by other general words in 
the policy. 

Sec. 36. (8202) Insurance effected, joint or partnership in- 
terest.—To render an insurance effective by one partner or part 
owner applicable to the interest of his copartner or other owner, 
it is necessary that the terms of the policy should be such as 
are applicable to the joint or partnership interest. 


Sec. 37. (8203) Insured intended—proof.—When the de- 
scription of the insured in the policy is so general that it may 
comprehend any person or class of persons, he only can claim 
the benefit of the policy who can show that it was intended to 
include him. 


See. 38. (8204) Policies subject to inspection.—The depart- 
ment of trade and commerce and its employees shall have the- 
right at any time to inspect any policy covering any risk in this 
state; and every policy holder shall procure and exhibit any 
policy in his possession or control, when required for the inspec- 
tion of the department of trade and commerce or its assistants 
or employes. | 

Sec. 39. (8205) Policy fee forbidden.—lIt shall be unlawful 
for any insurance company, association or society, or for any 
officer, manager, agent or other representative thereof, to in- 
clude in the sum charged or designated in any policy as the 
consideration for insurance, any fee, compensation, charge or 
perquisite whatsoever not specified in the policy. When eol- 
lected the same shall be reported as such. 

Sec. 40. (3206) Agent to report exact consideration.—Every 
agent or other representative of any company issuing a policy 
- on its own behalf in this state shall report to the company the 
exact consideration charged and written in the policy as a 
premium for the risk. 

Sec. 41. (8207) Penalty for violating preceding sections.— 
Whoever violates any of the provisions of either of the three 


-173- 


next preceding sections shall be fined in any sum not less than 
twenty dollars nor more than one hundred dollars. 


See. 42. (3208) Cancellation of policy by insured.—Any 
company or association transacting the business of insuring prop- 
erty against loss or damage from any cause shall, except as is 
otherwise provided in this Article by any provisions applicable 
to:any class of insurance companies, cancel any policy of insur- 
ance at any time upon the request of the party insured, his 
assignee or legal representative, and return to said party, or his 
representative, the amount of premium received by the company 
as stated in the policy after deducting the customary short rate 
premium for the expired time of the full term for which the 
policy was issued or renewed, anything in the policy to the con- 
trary notwithstanding. Any company or association also re- 
serves the right to cancel any policy or any part thereof by ten- 
dering to the assured the paid unearned premium. 


See. 48. (8209) Identity of names.—No company, associa- 
tion or society organized under this article shall take any name 
in use by any other company, association or society, or so closely 
resembling such name as to mislead the public as to its identity. 


Sec. 44. (8210) Value of policy—Whenever any policy of 
insurance shall be written to insure any real property in this 
state against loss by fire, tornado or lightning, and the property 
insured shall be wholly destroyed, without criminal fault on the 
part of the insured or his assignee, the amount of the insurance 
written in such policy shall be taken conclusively to be the true 
value of the property insured and the true amount of loss and 
measure of damages. 


Sec. 45. (3211) Attorney’s fee—The court, upon rendering 
judgment against the insurance company upon any such policy 
of insurance mentioned in the next preceding section, shall allow 
the plaintiff a reasonable sum as an attorney’s fee, to be taxed 
as part of the costs. If the cause is appealed, the appellate court 
shall in like manner allow the plaintiff a reasonable sum as an 
attorney’s fee for the appellate proceedings. 

See. 46. (8212) Insurance—action—attorney’s fee.—In all 
eases where the beneficiary, or other person entitled thereto, 
brings an action at law upon any policy of life, accident, liability, 


—174— 


sickness, guaranty, fidelity or other insurance of a similar nature, 
or upon any certificate issued by a fraternal beneficiary associa- 
tion, against any company, person or association doing business 
in this state, the court, upon rendering judgment against such 
company, person or association, shall ‘allow the plaintiff a reason- 
able sum as an attorney’s fee in addition to the amount of his 
recovery, to be taxed as part of the costs, and if such cause is 
appealed the appellate court shall likewise allow a reasonable 
sum as an attorney’s fee for the appellate proceedings. 


See. 47. (8213) Surrender values prohibited.—No company, 
association or society, other than a legal reserve life insurance 


eompany, shall hereafter give or promise any cash surrender 


values in its policies whatever, except for the unearned premium. 
Each aceident corporation which has heretofore issued policies 
providing for a cash surrender value at any given period shall 
value such policies as pure endowments based upon an experi- 
ence table and the rate of interest authorized by this article. 
This reserve shall be in addition to the unearned premium reserve 
of such a company. Every policy heretofore issued by any other 
insurance corporation shall be valued either according to the 
terms of the policy itself or the provisions of this article. 


See. 48. (3214) Unincorporated mutual association ex- 
cepted.—Nothing in this article shall be so construed as to pre- 
vent any number of persons, residents of this state, from making 
mutual pledges and giving valid obligations.to each other for 
their own insurance, from loss by fire, lightning, tornado, cyclone, 


windstorms, hail, death, or other cause from which insurance 


from loss may be obtained under any of the laws of this state; 
but such association of persons shall in no case insure any prop- 
erty not owned by one of their number, and no life except that 
of their number, nor shall the provisions of this article be ap- 
plicable to’ such associations of persons except that the depart- 
ment of trade and commerce may require such reports as they 
deem advisable: Provided, such associations of persons shall 
receive no premiums, make no dividends, nor pay in any case 
more than two dollars per day to any of their officers or em- 
ployees, and then only when actually employed for the associa- 
tion, nor shall they hire any agents or solicitors: Provided 


further, no such association of persons shall ever make any 


—L75— 
levies or collect any money from its members except to pay for 
losses on property or lives insured, and such expenses as are 
herein provided for. 


ARTICLE V. 
KINDS OF INSURANCE. 
ORGANIZATION OF COMPANIES. 


Section 1. (Ch. 77, 1917.) Insurance classified An insur- 
ance corporation may be formed to insure the following purposes: 
1. Fire and marine insurance.—Against loss or damage by 


fire, lightning, wind storm, cyclones, tornadoes, hail or earth- 
quakes; water from the breakage or leakage of sprinklers, pumps, 
or other apparatus erected for extinguishing fires, and water 
pipes; and against accidental injuries to such sprinklers, pumps 
or other apparatus; against loss or damage arising from the pre- 
vention or suspension of rent or use and occupation of any build- 
ing, plant or manufacturing establishment due to the hazard or 
peril insured against; upon vessels, boats, cargoes, goods, mer- 
chandise, freight, and other property against loss or damage by 
marine risks and the risks of transportation and navigation upon 
salt water and the high seas, and the risks of lake, river, canal 
and inland transportation and navigation; and upon automobiles, 
whether stationary or being operated under their own power. 


2. Life insurance.—Upon lives of persons, including endow- 
-ments and annuities, and every insurance pertaining thereto and 
disability benefits. 


3. Accident insurance.—Against bodily injury or death by 
accident and against disablement resulting from sickness and 
every insurance pertaining thereto, including quarantine and 
identification. 


4. Fidelity insurance.—Guaranteeing the fidelity of persons 
holding places of public or private trust; guaranteeing the per- 
formance of contracts other than insurance policies, or guaran- 
teeing and executing all bonds, undertakings and contracts of 
-suretyship. 


5. Liability insurance.—Against loss or damage resulting 


--176- 


from accident to, or injury, fatal or non-fatal, suffered by an em- 
ployee or other person for which the insured is liable. 


6. Plate glass insurance—Against breakage of glass, 
whether local or in transit. 


7. Boiler and machine insurance.—Upon steam boilers and 
upon pipes, engines and machinery connected therewith and 
operated thereby against explosion and accident.and against loss 
or damage to life, person or property resulting therefrom. 


8. Burglary insurance.—Against loss by burglary, house- 
breaking or theft. 


9. Sprinkler insurance.—Against loss or damage by water, 
to any goods or premises, arising from breakage or leakage of 
sprinklers or water pipes. 


10. Credit insurance—Guaranteeing either by agreement 
to purchase uncollectible debts, or otherwise to insure against 
loss or damage from the failure of persons indebted or to become 
indebted to the insured, or to meet existing or contemplated 
liabilities. 

11. Title insurance.—Guaranteeing owners of property or 
others interested therein against loss. by incumbrance or defec- 
tive titles, or adverse claim to title, either together with or with- 
out examination of title, or furnishing information relative 
thereto. 


12. Against loss or legal liability for loss resulting from 
accident or injury, fatal or non-fatal, because of damage to prop- 
erty or person caused by the use of teams or vehicles, whether 
by fire, accident or collision, or by explosion of any engine, tank, 
boiler, pipe or tire of any vehicle, and including insurance against 
theft of the whole or any part of any vehicle. The term vehicle, 
as herein used, includes in addition to its ordinary meaning, 
elevators, automobiles, traction engines, motorcycles and bicycles, 
but does not inelude ships, vessels, boats, nor railroad rolling 
stock: Provided, that when such legal liability includes injury 
to person the company, except mutuals, and assessment associa- 
tions, entering into said contract shall be capitalized at not less 
than one hundred thousand dollars ($100,000.00). 


13. Domestic animals.—Against loss, death or damage to 


AGT 


- domestic animals, and to furnish the service of a veterinary sur- 


geon for such animals. 


14. Miscellaneous insurance.—Upon any risk not included 
within any of the foregoing classes and which is a proper sub- 
ject for insurance, not prohibited by law or contrary to sound 
publie policy, to be determined by the department of trade and 
commerce. : 


Sec. 2. (3216) Class or classes of insurance authorized.— 
Companies may be formed upon the stock or mutual plan to tran- 


-gact any kind of insurance authorized by the next preceding 


section, or upon the assessment plan to transact the kinds of in- 
surance described in subdivisions one, three, four and six there- 
of, or upon the fraternal plan to transact the kind of insurance 
described in subdivision two thereof. The liability of a member 
of a mutual company shall be limited to the premium stated in 
the policy: 

Any assessment association organized to insure property 
may, in its by-laws, limit the liability of its members for assess- 
ment, for any one year, to not less than one and one-half times 
the regular rate charged by stock companies for like insurance, 
which upon dwelling houses and farm properties insured against 
loss by fire and lightning shall not be less than one-half of one 
per cent per year after the first assessment. If the amount col- 
lected in any one year including the amount in the contingent 
funds, be insufficient to pay all losses sustained and expenses 
incurred during that year, then the members sustaining losses 
shall receive their proportionate share of. such funds in full 
satisfaction of their losses. Every by-law. limiting the liability 
shall contain the above provision for pro-rating losses and shall 
be printed on the back of each policy or certificate of membership. 


See. 3. (3217) Purposes formed for.—No company shall 
be formed for the purpose of engaging in any other kinds of in- 
surance than that specified in some one of the subdivisions of 
section 1 of this article, or more kinds of insurance than are 
specified in a single subdivision, except that a company may be 
formed: 


1. For the purpose specified in subdivisions one and twelve, 
or 7 


seit ae 


21738" 


2. For the purposes specified in subdivisions two and three, 
or 


3. For any or all the purposes specified in subdivisions 
three to fourteen, both inclusive, except subdivision ten. 


Contracts for each of the kinds of insurance specified in the 
subdivisions of section 1 of this article shall be in separate and 
distinct policies, except that the same policy may embrace risks 
specified in subdivisions two and three, or those embraced in. 
subdivisions three and five. Companies electing-to issue policies 
under subdivision twelve may embrace in one policy also risks 
under subdivisions three and five. Contracts for hail insurance 
on growing crops shall be written in separate and distinct policies, 


Sec. 4. (8218) Incorporation of companies.—Nine or more 
persons may form an insurance corporation. They shall execute 
articles of incorporation and submit them to the department of 
trade and commerce for examination, and if approved and found 
by it to be in accordance with the laws of this state, the depart- 
ment of trade and commerce shall so certify. When such articles 
are thus approved, they shall be filed in the office of the secre- 
tary of state, and of the county clerk of the county in which the 
principal office of the company is to be established, and a copy 
thereof filed in the office of the department of trade and com- 
merce. The articles shall not be considered filed until they have 
been filed in each of said offices as above provided. Within thirty 
days after receiving the certificate of authority to transact busi- 
ness, and within four months after filing its articles as aforesaid, 
such corporation shall publish a notice in some legal newspaper, 
whieh notice shall contain the same information, as far as prac- 
ticable, as that required under the general incorporation laws 
of this state. | 


See. 5. (8219) Board of directors—how elected.—In the 
first instance the board of directors shall be elected by the in. 
corporators or named in the articles, and thereafter by the stock- 
holders or policy holders at the annual meeting. The board of 
directors shall consist of not less than five nor more than twenty- 
one persons, all of whom must be citizens of the United States, 
and a majority of them must be citizens of the state of Nebraska. 
No person shall hold the office of director unless he is a stock- 


—179- 


holder, if in a stock company; or a policy holder, if in a mutual 
company or assessment association. Unless otherwise provided 
in the articles of incorporation, the board of directors shall make | 
all by-laws. | 


See. 6. (8220) Articles of mutual companies.—The articles 
of a mutual company or an assessment association shall provide 
that every person, corporation, association or partnership in- 
sured shall be a member thereof and have one vote. 


Sec. 7. (8221) Mutual companies may borrow money.— 
Any mutual company may borrow money without discount or 
the payment of commission to defray the reasonable expenses of 
its organization and to provide the amount stated in subdivision 
two of section ten of this article, and may issue its notes there- 
for, to be known as surplus notes, which shall fully recite the 
_purpose for which the money was borrowed. Except as herein 
provided, such notes and indebtedness shall not be a liability or 
claim against any of the assets of the company. The principal 
shall be paid only when the amount of the surplus of the com- 
pany over all liabilities is double that of such principal then 
unpaid. The interest shall only be payable from the surplus, 
and shall not exceed such sum as may be fixed, nor in’ any case 
teu per cent per annum. On a dissolution of the company the 
principal and interest shall be payable from the surplus. The 
amount thereof outstanding, with the unpaid interest, shall be 
stated in each annual report. The corporation shall have the 
right to make such repayment whenever it shall be able to do so. 


 See..8. (8222) Limitation in articles—The articles of a 
mutual company or an assessment association may limit: 
1. The insurance to specified kinds or classes of property, 


lives, individuals or liabilities within any subdivision of section 
1 of this article. 


2. The territory within which insurance shall be granted, 
and | 

3. They shall provide the manner in which policy holders 
of a mutual company shall participate in the profits of the com- 
pany. : 

‘Sec. 9.. (8223) Capital of stock company.—No domestic 


—180- 


stock insurance company shall transact the business of insurance 
in this state unless: 


1. It has a capital stock actually paid in cash or invested 
as provided by law of at least two hundred thousand dollars 
for the insurance specified in subdivision fourth, fifth, tenth or 
eleventh of section 1 of this article, and at least one hundred 
thousand dollars for the insurance specified in subdivision first, 
second, eighth, thirteenth or fourteenth of said section 1 of this 
article, and at least fifty thousand dollars for the insurance speci- 
fied in any other one subdivision of said section, and in each case 
a surplus equal to one-fourth of its capital stock; and 


2. With an additional fifty thousand dollars capital stock 
for the insurance mentioned in any other one subdivision of said 
section which may be transacted by such company: Provided, in 
all cases where a company has less than two hundred and fifty 
thousand dollars of capital stock and transacts more than one 
kind of insurance, it shall have a capital stock equal to the com- 
bined minimum eapital stock required or separate companies 
transacting the same kind of insurance. 


Sec. 10. (8224) Number of policies required to begin busi- 
ness.—No domestic mutual insurance company hereafter organ- 
ized shall begin to transact the business of insurance until: 


1. . It shall issue simultaneously policies upon two hundred 
or more risks, each within the maximum single risk prescribed 
in the next following section; and 


2. It shall hold a fund, in cash or invested as provided by 
law, equal to ten times the maximum single risk to be assumed 
except that if organized to do the business mentioned in sub- 
division 12 of section 1 of this article, only, it may begin business 
when it shall hold a fund in cash, or invested as provided by 
law, equal to five times the maximum single risk to be assumed, 
which fund shall be used for the payment of losses only, and 
cannot be repaid eecent as provided in section 7 of this article; 
and: . ; 

_ 3. It shall have received in cash one annual premium upon 
each risk outstanding. 

Sec. 11. (8225) Maximum single risk—Except as other- 
wise provided by law the maximum single risk shall be three 


—181- 


times the average policy, or one-eighth of one per centum of the 
insurance in force, or in a stock company ten per centum of its 
capital stock, whichever sum is the greater. Upon the business 
mentioned in subdivision 4 of section 1 of this article, twenty- 
five per cent of the paid-up capital and the business mentioned 
in subdivision 13 of said section, one-twentieth of the paid-up 
capital. Any reinsurance, taking effect simultaneously with the 
policy, shall be deducted in determining such maximum single 
risk. The minimum number of risks outstanding shall be two 
hundred, each within the maximum single risk preseribed herein. 


See. 12. (8226) Liability of incorporators and directors.— 
The original incorporators, until the election of directors, and 
thereafter the directors, shall be jointly and severally liable for 
any losses incurred during the time or times hereinafter men- 
tioned: | 


1. Upon any policies written, issued or delivered during any 
time when the risks outstanding shall be below the minimum num- 
ber prescribed by the next preceding section; and 


2. For the excess of any policy above the maximum single 
risks prescribed by said section during the time that such policy 
exceeds such maximum single risks; and 

3. For any losses occurring upon any new risk taken after 
the expiration of the period designated by the department of 
trade and commerce in accordance with sections 2 and 3 of article 
Ill in which to make good any deficiency; and , 

4, For all debts and liabilities contracted prior to the time 
the company was an admitted-company. 

Sec. 13. (3227) Application of requirement of surplus.— 
The requirements of a surplus as required in section 9 of this 
article shall only apply to domestic insurance companies here- 
after organized and commencing to transact the business of in- 
surance, and such company may use such surplus in establishing 
the company in business without impairment of the company. — 

See. 14. (8228) Reinsurance or consolidation procedure.— 
Any company, association or society hereinafter called ‘‘com- 
pany’’ organized or authorized to transact the business of insur- 
ance under the laws of this state may, by contract of reinsurance 
or consolidation, assume the risks of any other company doing 


—182- 


a similar business, or reinsure its risks and business only on the 
following conditions: 


1. Both of the companies which propose to enter into such 
reinsurance contract, shall be, upon the date of reinsurance, duly 
authorized ‘under the provisions of this article to transact the 
business of insurance in this state, and the department of trade 
and commerce shall have found that such reinsurance or con- 
solidation can in no way impair the solvency of the company 
which proposes to assume and reinsure the business and affairs 
of the company contemplating reinsurance and retirement, and 
that such reinsuring company is competent and prepared to carry 
out such contract of reinsurance. 


2. The contract of reinsurance or consolidation with all 
matters relating thereto, shall be submitted to the department 
of trade and commerce for examination and orders thereon. The 
department of trade and commerce upon examination, if satis- 
fied that the interests of the policy holders of such company 
contemplating reinsurance and retirement are properly pro- 
tected, and that no reasonable objection exists to such contract, 
may approve and authorize the proposed reinsurance or consoli- 
dation, or may modify or change the terms and conditions there- 
of, as may seem best for the interests of said policy holders; and 
the department of trade and commerce shall make such orders 
with reference to the distribution and disposition of the surplus 
assets of said company as shall be just and equitable to said 
policy holders. g 


Such consolidation or reinsurance may then be approved by 
said department of trade and commerce and it shall be the duty 
of the department of trade and commerce to guard the interests 
of the policy holders of such company proposing to reinsure and 
retire. 


3. The contract of reinsurance or consolidation shall be 
approved, if a stock company, by a majority vote of the board of 
directors thereof duly cast and recorded in the minutes of the 
meeting of the board; and if a mutual company or assessment 
association, by a majority vote of all the members of the com- 
pany which purposes to reinsure and retire, present in person 
or by proxy and voting at an annual meeting, or a special meet- 


—183— 


ing called for that purpose upon a printed notice of such meet- 
ing, which shall contain the purpose of such company to reinsure 
and retire, a brief statement of the substance of the contract — 
of reinsurance and the approval of the department of trade and” 
commerce, together with its orders as to the disposition of its 
surplus assets, which notice shall be mailed to each one of the 
members of such company, directed to his last known address, at 
least thirty days prior to the day fixed for such meeting. When 
the members of such company, if a mutual company, or an as- 
sessment association, and the directors, of a stock company shall 
have so voted to reinsure and retire, its officers and the officers 
of the company which proposes to assume the risks and obliga- 
tions thereof, may enter into and consummate the contract for 
reinsurance as submitted and approved, and shall carry out the 
orders of the department of trade and commerce relating to the 
disposition of the surplus and assets of such retiring company, 
and do and perform all other acts necessary to the final and com- 
plete consummation of such consolidation or reinsurance. The 
actual and reasonable expenses and costs incident to proceedings 
under the provisions of this section may be paid by the company, 
or companies so consolidating or reinsuring, and an itemized 
and verified statement of such expenses, together with proper 
vouchers for each of the items thereof, shall be filed with the 
department of trade and commerce. No officer of any’ such com- 
pany, nor any employee thereof, or of the state, shall receive any 
compensation, gratuity, employment, or other promise or thing 
of value, directly or indirectly, for in any manner aiding, pro- 
moting or assisting in such reinsurance or consolidation. Any 
company or association organized under this article to insure 
property, may reinsure the individual risks of other companies 
of the same kind and class. : 


Sec. 15. (8229) Amendment of articles—Any domestic 
company, association or society, hereinafter called ‘‘company”’, 
may change its articles of incorporation and methods of doing 
business, but only in the following manner, and upon the follow- 
ing conditions: 

1. The board of directors of such company shall adopt by 
two-thirds vote of all the directors thereof, amended articles of 
incorporation. 


—184-— 


2. Such amended articles with all matters relating thereto, 
shall be submitted to the department of trade and commerce for 
examination and orders thereon. If satisfied that. the interests 
of the policy holders of such company, and all concerned, are 
properly protected and that no reasonable objections exist to 
such amended articles, the department of trade and commerce 
may approve the same, or it may modify or change them as it 
may deem best for the interest of those affected. The depart- 
ment of trade and commerce shall also make such orders with 
reference to the distribution of any existing or future surplus 
of such company as may be just and equitable to the policy 
holders. The department of trade and commerce shall duly 
safeguard the interests of all parties affected, and especially the 
interests of the policy holders. 


3. If the department of trade and commerce proposes any 
changes or modifications of the amended articles proposed, they 
shall be in turn submitted to, and be adopted by a two-thirds 
vote of all the directors of such company. Such amended articles 
as originally adopted, or readopted, as the case may be, shall 
then be submitted to the stockholders or members of the com- 
pany for approval at a regular meeting or a special meeting 
thereof, called for that purpose, notice of which and a copy of 
the proposed amended articles shall be sent by mail to the last 
known address of each person entitled to vote at such meeting, 
at least. thirty days prior thereto. There shall also be inclosed 
with such notice a copy of the approval of the department. of 
trade and commerce and its order as to the disposition and dis- 
tribution of the surplus assets of such company: If such amended 
articles are approved by a two-thirds vote of all the stock of the 
company or by a vote of two-thirds of all the members voting 
at such meeting, in person or by proxy, if a mutual or aSSeSS- 
ment company, then they shall be filed in the same offices as if 
they were original articles, and the same notice shall be published. 

4. If any such company, operating upon what is known as 
either a mutual or assessment plan, desire to change to a stock 
basis, it shall, in addition to the above and foregoing require- 
ments, comply with the following conditions: 


1. The board of directors of such company shall submit, 


“185- 


with its amended articles of incorporation as provided in the 
second paragraph of this section, a comprehensive plan of such 
change specifically setting forth the following information: 


(a) a true and complete statement of the several funds 
and all of the tangible property and assets of such com- 
pany, and the fair and actual cash value of each item there- 
of ; 

(b) the number of members of such company and the 
fair actual value of the surplus of each member in the prop- 
erty and assets of such company; 


(c) the number of shares of capital stock to be issued 
under the new plan, the amount of each share, and the man- 
ner of converting the interest in the surplus of each member 
of the company into shares of the company under the stock 
plan; 

(d) the manner of compensating members of the com- 
pany who refuse or fail to convert their interests in the 
surplus in the company into stock under. the new plan, and 
the amount of such compensation ; 


(e) the amount of the new capital for which each mem- 
ber may subseribe, and how and when the same shall be 
payable. Provided, each member shall have the full right 
to subscribe at par for his proportionate share of the new 
stock to be issued. 


2. If.satisfied that no reasonable objections exist to such 
amended articles and the plan proposed for such change to a 
stock basis, the department of trade and commerce may approve 
the same, or it may propose modifications or changes in said 
amended articles or proposed plan for changing to a stock basis 
as in its Judgment will safeguard the best interests of all con- 
cerned, and may make orders relating thereto as it shall deem 
just and equitable. 


3. If changes in such amended articles are proposed by the 
department of trade and commerce, they shall be referred to the 
board of directors of said company for readoption by a two- 
thirds vote of the members thereof. On approval of such amended 
articles by the board of directors and the department of trade 
and commerce, the same shall be submitted to the members of 


—186- 


the company for approval and ratification at a regular annual 
or special meeting called for that purpose. Notice of the time 
and place of such meeting, and the proposition to submit said 
amended articles and proposed plan of change to a stock basis, 
stating the substance of such amended articles and the plan pro- 
posed in full for making the change to a stock basis, with the 
approval of the department of trade and commerce shall be sent 
by the proper officer of the company, to each person entitled to 
vote at such meeting, at least thirty days prior thereto, through 
the mail directed to his last known address. > 


If such amended articles and plan are ratified and approved 
_by a two-thirds vote of all the members voting at such election, 
either in person or by proxy, the same shall be duly adopted, 
and on the same being duly filed and notice thereof published 
as required by law in eases of original articles of incorporation, 
the same shall be deemed effective and the company shall be 
deemed duly incorporated and shall then open books for the 
members to subscribe to the stock of such new company, which 
books shall remain open for at least sixty days after said elec- 
tion resulting in favor of such proposed change, and each mem- 
ber shall have the full right to subseribe at par for his propor- 
tionate share of the new stock to be issued. Such subscription 
for stock shall be duly made in writing, and filed with the proper 
officer of the company, in accordance with a plan outlined to be 
sent with the notice of election to approve and ratify such change. 
All stock not duly subscribed for at the end of sixty days after 
the books shall have been opened shall be at the disposal of the 
board of directors, in accordance with a plan to be contained in 
the proposed plan submitted to the department of trade and com- 
merece and the members of the company; Provided, no stock 
shall be issued or sold for less than par value thereof, in money, 
and each subscriber for stock shall pay the same price. When 
all the above provisions have been complied with, such company 
shall enjoy the same rights and be subject to the same liabilities © 
as if it had been originally incorporated under this article. All 
officers and directors shall serve through their respective terms 
but their successors shall be elected and serve as provided in 
the amended articles and by-laws. Such change shall in no way 
prejudice or impair any pending action or right previously ac- 


—18'7- 


quired, or annul or change any existing contract of such com- 
pany. 
ARTICLE VI. 


RESERVES. 


Section 1. (8230) Fire—legal reserve.—In ascertaining the 
condition of a fire insurance company it shall be allowed as assets 
only such investments, cash, and accounts as are authorized by 
the laws of this state at the date of the examination, but pre- 
miums, notes not past due, and unpaid premiums on policies writ- 
ten within three months, shall be admitted as available resources. 
In ascertaining its lability, there shall be charged in addition 
to the capital stock, and all outstanding claims, a sum equal to 
forty per cent of the total premium charged on the policies in 
force: Provided, domestic fire insurance companies doing busi- 
ness on the mutual plan with a stipulated premium, shall reserve 
an amount equal to forty per cent of the total unearned premiums 
on all their policies in force. 


Sec. 2. (8281) Life—legal reserve——The Department of 
Trade and Commerce shall annually make valuation of all out- 
standing policies, additions thereto, unpaid dividends, and all 
other obligations of every life insurance company doing business 
in this state; and all such valuations made by it, or by its author- 
ity, shall be according to the standard of valuation adopted by 
the company, which standard shall be stated in its annual re- 
port. Such standard of valuation, whether on the net level 
premium, preliminary term, any modified preliminary term, or 
select and ultimate reserve basis, for policies issued after the 
passage of this article shall be according to the American Experi- 
ence or Actuaries’ Table of Mortality, with not less than three 
and not more than four per cent compound interest. The De- 
partment of Trade and Commerce may vary the standard of 
valuation in particular cases of invalid lives and other extra 
hazards. It may value policies in groups, use approximate aver- 
ages for fractions of a year, and assume as accurate the valuations 
of the department of insurance of any other state or country 
if the insurance officer of such other state or country likewise 
accredits the valuation made by the Department of Trade and 


—188- 


Commerce of this state. When the preliminary term basis is 
used it shall not exceed one year. Insurance against total and. 
permanent mental or physical disability resulting from accident 
or disease, or against accidental death, combined with a policy 
of life insurance, shall be valued on the basis of the mean re- 
serve, being one-half of the additional annual premium charged 
therefor. 


The legal minimum standard for the valuation of annuities 
shall be ‘‘MecClintock’s Table of Mortality Among Annuitants’’, 
or the American Experience Table of Mortality, with compound 
interest at.three and one-half per cent per annum, but annuities 
deferred ten or more years, and written in connection with life 
or term insurance, shall be valued on the same mortality table 
from which the consideration or premiums were computed, with 
compound interest not higher than three and one-half per cent 
per annum. 


The legal standard for the valuation of industrial policies 
shall be the American Experience Table of Mortality, with com- 
pound interest at not less than three nor more than three and 
one-half per cent per annum: Provided, any life insurance com- 
pany may voluntarily value its industrial policies written on the 
weekly payment plan according to the ‘‘Standard Industrial 
Mortality Table’’ or the ‘‘Sub-Standard Industrial Mortality 
Table.”’ 


The standards adopted shall not be abandoned without the 
consent of the Department of Trade and Commerce first being 
obtained in writing. 


See. 3. (82382) Investments allowed.—In ascertaining the 
condition of any life insurance company it shall be allowed as 
assets only such investments, cash and accounts as are author- 
ized by the laws of this state, or of the state or county in which 
it is organized at the date of examination; and there shall be 
charged against it as liabilities in addition to the capital stock, 
all outstanding indebtedness of the company, and the premium 
reserve on policies and additions thereto, in force, computed ac- 
cording to the table of mortality and rate of interest prescribed 
in the next preceding section. 


Sec. 4. (8233) Reserve—accident and health.—In ascer- 


-189- 


taining the condition of a domestic accident and health insurance 
company, or either of them, it shall be allowed as assets only 
such investments, cash and accounts as are authorized by the 
laws of this state at the date of the examination, but notes of 
policy holders not past due, and not for a longer period than 
four months from the date of the policy for which they are 
given, and unpaid premiums on policies written within three 
months, may be admitted as available resources. In ascertaining 
its liabilities, there shall be charged, in addition to the capital 
stock and all outstanding claims, a sum equal to twenty-five per 
cent, of the total renewal premium charged on the policies in 
force. 


Sec. 5. (3234) Liability reserve—The indebtedness for 
outstanding losses under insurance against loss or damage result- 
ing from accident to, or injuries suffered by an employee or other 
person, and for which the insured is liable, and under insurance 
against loss from liability on account of the death of, or injury 
to an employee not caused by the negligence of the employer, 
shall be determined as follows: Each corporation which writes 
policies covering any of said kinds of insurance shall include in 
the annual statement required by section 16 of article IV, a 
schedule of its experience thereunder, in the United States and 
foreign countries in the case of corporations organized in the 
United States and in the United States only in the case of cor- . 
porations organized outside of the United States, giving each | 
calendar year’s experience separately, and crediting or charging 
each item to the year in which the policy to which it relates was 
written, as follows: 


1. The earned premiums on all such policies written dur- 
ing the period of ten years immediately preceding the date as 
of which the statement is made, being the gross premiums on all 
such policies including excess and additional premiums and 
premiums in course of collection, less return premiums and 
premiums on canceled policies, and less the unearned premiums 
on policies in force as shown in such annual statement ; 


2. The amount of all payments of whatsoever nature made 
by reason or on account of injuries covered by such policies writ- 
ten during said period. This amount shall include medical and 


—190- 


surgical attendance, payments to claimants, legal expenses, sal- 
aries and expenses of investigators, adjusters, and field men, 
rents, stationery, telegraph and telephone charges, postage, sal- 
aries, and expenses of office employees, home office expenses, and 
all other payments made on account of such injuries, whether 
such payments are allocated to specific claims or are unallocated ; 


3. The number of suits being defended at the date as of 
which the statement is made under policies written during said 
period, except suits in which liability is not dependent upon 
negligence of the insured, and a charge of seven hundred and 
fifty dollars for each suit; 


4. The number of deaths for which the insured are liable 
without proof of negligence, covered by policies written during 
the same period, and not paid for at the date as of which the 
statement is made, and a charge of the amount necessary to pay 
for such deaths; 


5. The number of unpaid claims at the date of which the 
statement is made, on account of non-fatal injuries for which 
the insured are liable without proof of negligence, covered by. 
policies written during said period, and a charge equal #0 the 
present value of the estimated future payments; 


6. The loss ratio determined from the foreg@eimg as to. gach 
- year separately, using as the divisor the earned premiums shown 
in item No. 1 and as the dividend the amount of payments shown 
in item No. 2 plus the amounts charged in items Nos. 3, 4 and 5. 


7. The number of suits being defended at the date as of 
which the statement is made under policies written more than 
ten years prior to such date, except suits in which fiability. 1s 
not dependent upon negligence of the insured; 


8. The number of deaths for which the insured are liable 
without proof of negligence, covered by policies written more 
than ten years prior to the date as of which the statement is 
made, and not paid for at such date; 


9. The number of unpaid claims at the date as of which the 
statement is made on account of non-fatal injuries for which the 
insured are liable without proof of negligence, covered by poli- 
cies written more than ten years prior to such date. 


—-191- 


All unallocated payments in item No. 2 made in a given 
calendar year subsequent to the first four years in which a cor- 
poration has been issuing such policies, shall be distributed as 
follows: Thirty-five per centum shall be charged to the policies 
written in that year, forty per centum to the policies written in 
the preceding year, ten per centum to the policies in the second 
year preceding, ten per centum to the policies written in the 
third year preceding, and five per centum to the policies written 
in the fourth year preceding; and such payments made in the 
first four calendar years in which a corporation has been issu- 
ing such policies shall be distributed as follows: In the first 
calendar year one hundred per centum shall be charged to the 
policies written in that year, in the second calendar year fifty 
per centum shall be charged to the policies written in that year, 
and fifty per centum to the policies written in the preceding 
year, in the third calendar year forty per centum shall be charged 
to the policies written in that year, forty per centum to the 
policies written in the preceding year and twenty per centum to 
the policies written in the second year preceding; and in the 
fourth calendar year thirty-five per centum shall be charged to 
the policies written in that year, forty per centum to the policies 
written in the preceding year, fifteen per centum to the policies 
written in the second year preceding, and ten per centum to the 
policies written in the third year preceding; and a schedule 
showing such distribution shall be included in such annual state- 
ment. Each such corporation shall be charged with indebtedness 
for outstanding losses upon such policies determined as follows: 


10. For all suits being defended under policies written more 
than ten years prior to the date as of which the statement is 
made, except suits in which lability is not dependent upon negli- 
gence of the insured, one thousand dollars for each suit; 


11. For all suits being defended under policies written more 
than five years and less than ten years prior to the date as of 
which the statement is made, except suits in which the lability 
is not dependent upon negligence of the insured, seven hundred 
and fifty dollars for each suit; 


12. For all deaths for which the insured are liable without 
proof of negligence covered by policies written more than five 


—192- 


years prior to the date as of which the statement is made, the 
amount necessary to pay for such deaths; 


18. For all unpaid claims on account of non-fatal mjuries 
for which the insured are liable without proof of negligence 
under policies written more than five years prior to the date as 
of. which the statement is made, the present value of the esti- 
mated future payments; | | 

14. For all policies written in the five years immediately 
preceding the date as of which the statement is made an account 
determined as follows: Multiply the earned premiums of each 
of such five years, as shown in item No. 1 by the loss ratio ascer- 
tained as in item No. 6 on all policies written in the first five 
years of the said ten year period, using as the divisor the sum 
of the earned premiums shown in item No. 1 for such first five 
years, and as the dividend the sum of the payments shown in 
item No. 2 for such first five years, plus the sum of the charges 
in items Nos. 38, 4, and 5 for such first five years, but the ratio 
to be used shall in no event be less than fifty per centum at and 
after December 31st, 1918, nor less than fifty-one per centum 
at. and after December 31st, 1914, nor less than fifty-two per 
ecentum at and after December 31st, 1915, nor less than fifty-. 
three per centum at and after December 31st, 1916, nor less than 
fifty-four per centum at and after December 31st, 1917, nor less 
than fifty-five per centum at and after December 31st, 1918; and 
from the amount so ascertained in each of the last five years of 
said ten year period, deduct all payments made under policies 
written in the corresponding year, as shown in item No. 2, and 
the remainder in the case of each year shall be deemed the in- 
debtedness for that year: Provided, however, if the remainder 
in the case of any year of the first three years of the five years 
immediately preceding the date as of which the statement is made, 
shall be less than the sum of the three following items for that 
year at that date, (a) the number of suits, except suits in which 
hability is not dependent upon negligence of the insured, being 
defended under policies written in that year, and a charge of 
seven hundred and fifty dollars for each suit, (b) the amount 
necessary to pay for all deaths for which the insured are liable 
without.proof of negligence, covered by policies written in that 
year, and (c) the present value of estimated unpaid claims on 


—193- 


account of non-fatal injuries for which the insured are liable 
without proof of negligence covered by policies written in that 
year than the sum of said items, (a), (b), and (c) shall be the 
indebtedness. for that year. 

A corporation which has been issuing such policies for a 
period of less than ten years shall nevertheless include in its an- 
nual statement a schedule as hereinbefore required, for the years 
in which it shall have issued such policies, and shall be charged 
with an indebtedness determined in the same manner; but im 
determining the indebtedness for policies written in the five 
years immediately preceding the date as of which the statement 
is made, the minimum ratios hereinbefore prescribed shall be used, 
subject to the same deductions and provisions as in the case of 
corporations that have been issuing such policies for ten years 
or more. 

See. 6. (3235) Same—all other companies.—In ascertain- 
ing the assets, liabilities, and financial condition of all other in- 
surance companies, not otherwise provided for by the provisions 
of this article, the department of Trade and Commerce shall al- 
low as assets only such investments, cash and accounts, as are 
authorized by the existing laws of this state, or under the exist- 
ing laws of the state or country under which such company is 
organized and which investments it may approve or reject, at 
‘the date of the investigation, and in estimating the liabilities 
there shall be added, in addition to the capital stock, all outstand- 
ing claims, and a sum equal to the unearned premiums on the 
policies in foree, calculated on the gross sum without any deduc- 
tions on any account, charged to the policy holder on each re- — 
spective risk form the date of the issuance of the policy. 

If the department finds this rule to be impracticable in ascer- 
taining the condition of certain kinds of insurance companies it 
shall formulate such rules as it shall deem proper and. efficient 
and consistent with law, having due regard to such rules as may 
be used in other states or approved by the national convention 
of insurance commissioners or superintendents. Provided, in re- 
lation to the affairs of any foreign company, it may, in lieu of 
such examination and investigation, accept a certificate of the 
insurance commissioner or superintendent of such state or dis- 
trict as to its condition. | 


—194— 


See. 7. (3236) When actual premium less than net pre- 
mium.— When the actual premium hereafter charged for an in- 
surance by any life insurance company doing business in this 
state 1s less than the net premium for such insurance computed 
according to the table of mortality and rate of interest prescribed 
in this article, such company shall be charged as a separate lia- 
bility with the value of an annuity, the amount of which shall 
equal the difference between such premium and the term of 
which, in years, shall equal the number of future annual pay- 
ments due on such insurance at the date of the valuation. 


ARTICLE VIL. 
STANDARD PROVISIONS. 


Section 1. (8287)—Policies—contents—fire.—No fire insur- 
ance company shall issue any fire insurance policy covering any 
property or interest therein in this state other than on a form 
prescribed by the department of trade and commerce as nearly 
as practicable in the form known as the New York standard as 
now or may be hereafter constituted, except as follows: 


1. A company may print on or in its policy its name, loca- 
tion, and date of incorporation, plan of operation, whether stocks, 
mutual or assessment; and if it be a stock company, the amount 
of its paid-up capital stock, the names of its officers and agents, 
the number and date of the policy, and if it is issued by an agent, 
the words: 


‘This policy shall not be valid until dountenteaeam by the 
duly authorized agency of the company atll....12 eee 


2. A company may print or use in its policies printed forms 
of descriptions and specifications of the property insured. 

3. A company insuring against damage by lightning or tor- 
nado, may print in the clause enumerating the perils insured. 
against the additional words, ‘‘also any damage by lightning or | 
tornado, whether fire ensues or not’’, and in the clause provid- 
ing for the apportionment of loss in case of other insurance the : 
words, ‘‘whether by fire, lightning or tornado.’’ 


4. A domestic company may print in its policies any pro-— 
visions which it is authorized or required by law to insert there- 


~195- 


in, and any foreign or alien company may, with the approval of 
the department of trade and commerce print any provisions re- 
quired by its charter or deed of settlement, or by the laws of its 
charter, or deed of settlement, or by the laws of its own state 
or country, not contrary to the laws of this state; but the de- 
partment of trade and commerce shall not require any provision 
which modifies the contract of insurance in such a way as to 
affect the question of loss to be appended to the policy by an 
endorsement or rider as hereinafter provided. 


5. The blanks in said standard form may be filled in, in 
print or writing. 

6. A company may print upon policies issued in compliance 
with the preceding provisions of this section, the words, ‘‘Ne- 
braska Standard Policy.’’ | 


7. A company may write upon the margin or across the 
face of the policy, or write or print in type not smaller than 
nonpareil, upon a slip, slips, rider or riders to be attached there- 
to, provisions adding to or relating to those contained in the 
standard form; and all such slips, riders, endorsements and pro- 
visions must be signed by the officers or agents of the company 
so using them. 


8. If the policy be made by a mutual assessment or other 
company having special regulations lawfully applicable to its 
organization, membership, policies or contracts of insurance, such 
regulations shall apply to and form a part of the policy as the 
same may be written or printed upon, attached or appended 
thereto. 


9. Policies of assessment associations may be issued with 
such modifications as shall be approved in writing by the de- 
partment of trade and commerce. They shall have also printed 
therein a copy of the articles of incorporation and the by-laws 
.of the association issuing the policy. 

10. Combination va) including loss by fire, lightning, 
hail and tornado. 


See. 2. (8238) Same—life—No policy of life or endow- | 
ment insurance, except policies of industrial insurance or where 
the premiums are payable monthly or oftener, shall be issued or 


—196- 


delivered in this state unless it contains in substance the follow- 
ing provisions: 

1. A provision that all premiums shall be payable in ad- 
vance either at the home office of the company or to any agent of 
the company upon delivery of a receipt signed by one or more 
of the officers who shall be named in the policy; and 


2. A provision that the insured is entitled to a grace of one 
month within which the payment of any premium after the first 
year may be made, subject, at the option of the company to an 
interest charge not in excess of six per cent per annum for the 
number of days of grace elapsing before the payment of the 
premium, during which period of grace the policy shall continue 
in force; but in case the policy becomes a claim during the said 
period of grace before the overdue premium or the deferred 
premiums of the current policy year, if any, are paid, the amount 
of such premiums, with interest or any overdue premium, may be 
deducted from any amount payable under the policy in settle- 
- ment; and 


3. A provision that the policy shall constitute the entire 
contract between the parties; but if the company desires to make 
the application a part of the contract, it may do so: Provided, 
a copy of such application shall be endorsed upon or attached 
to the policy when issued, and in such ease the policy shall con- 
tain a provision that the policy and the application therefor 
shall constitute the entire contract between the parties; and 


4. A provision that all statements made by the insured 
shall, in the absence of fraud, be deemed representations and not 
warranties, and that no such statement shall avoid the policy 
unless it is contained in a written application, and a copy of such 
application shall be endorsed upon or attached to the DONBY. 
when issued; and 


5. A provision that the policy shall be incontestable after 
two years from its date, except for non-payment of premiums, and 
except for violations of the conditions of the policy relating to 
naval and military service in time of war; and 

6. .A provision that if the age of the insured has been mis- 
stated, the amount payable under the policy shall: be such as the 
premium paid would have purchased at the correct age; and 


—197- 


7. A provision that the policy shall participate in the sur- 
plus of the company and that, beginning not later than the end 
of the third policy year, the company shall annually ascertain 
and apportion the amount of divisible surplus to which all such 
policies, as a separate class, are entitled, which amount shall be 
carried as a distinct and separate liability in favor of such polli- 
cies. The insured, under any annual dividend policy, shall have 
the right each year to have the dividend arising from such par- 
ticipation paid in cash, and if the policy shall provide other 
dividend options, it shall further provide that if the insured shall — 
not elect any such other options, the dividends shall be paid in 
cash; but such participation and its distribution may, by contract, 
be deferred to a fixed or specified time, not exceeding twenty 
years. Upon written request of the insured the company shall 
furnish him with a statement of the amount of the surplus pro- 
visionally ascertained or set aside on such policy and held await- 
~ ing distribution at the expiration of the deferred dividend period ; 
and 


8. A provision that after three full years’ premiums have 
been paid, the company at any time, while the policy is in force 
will advance, on proper assignment or pledge of the policy and 
on the sole security thereof, at a specified rate of interest not 
exceeding six per cent per annum, a sum equal to, or at the option 
of the owner of the policy, less than the reserve at the end of the 
eurrent policy year on the policy and on any dividend additions 
thereto; specifying the mortality table and the rate of interest 
adopted for computing such reserve, less a sum not more than 
two and one-half per cent, of the amount insured by the policy 
and of any dividend additions thereto; and that the company 
will deduct from such loan value any existing indebtedness on 
the policy and any unpaid balance of the premium for the cur- 
rent policy year, and may collect interest in advance on the loan 
to the end of the current policy year which provision may fur- 
ther provide that such loan may be deferred for not exceeding six 
months after the application therefor is made. It shall be further 
stipulated in the policy that failure to repay any such advance, 
or to pay interest, shall not avoid the policy unless the total in- 
debtedness thereon to the company shall equal or exceed such 
loan value at the time of such failure, nor until one month after 


—193-— 


notice shall have been mailed by the company to the last known 
address of the insured and of the assignee if any. No condition 
other than as herein provided shall be exacted as a prerequisite 
to any such advance; and ; 


9. A provision which, in event of default in premium pay- 
‘ments after premiums shall have been paid for three years, shall 
secure to the owner of the policy, a stipulated form of insurance, 
the net value of which shall be at least equal to the reserve at 
the date of default on the policy and on any dividend additions 
thereto, specifying the mortality table and rate of interest 
adopted for computing such reserves, less a sum not more than 
two and one-half per centum of the amount insured by the policy, 
and of any existing dividend additions thereto, and less any 
existing indebtedness to the company on the policy. Such pro- 
vision shall stipulate that the policy may be surrendered to the 
company at its home office within one month from date of de- 
fault, for a specified cash value at least equal to the sum which 
would otherwise be available for the purchase of insurance as 
aforesaid, and may stipulate that the company may defer pay- 
ment for not more than six months after the application therefor 
is made; and 


10. <A table showing in figures the loan values, if any, and 
the options available under the policies each year upon default 
in premium payments, during at least the first twenty years of 
the policy, beginning with the year in which such values and 
options become available; and 

11. A provision that if, in event of default in premium 
payments, the value ‘of the policy shall be applied to the pur- 
chase of other insurance, and if such insurance shall be in force 
and the original policy shall not have been surrendered to the 
company and cancelled, the policy may be reinstated within three 
years from such default, upon evidence of insurability satisfac- 
tory to the company and payment of arrears of premiums with 
interest and the payment or reinstatement of any other indebted- 
ness to the company upon such policy; and ; 

12. <A provision that when a policy shall become a claim by 
the death of the insured, settlement shall be made upon receipt of 
due proof of death, or not later than two months after receipt 
of such proof; and 


—199- 


13. In ease the proceeds of a policy are payable in install- 
ments, or as an annuity, a table showing the amounts of the in- 
stallments or annuity payments; and 


14. A title on the face of the policy correctly describing the 
same. 


Any of the foregoing provisions or portions thereof not ap- 
plicable to single premiums or non-participating or term policies 
of twenty years or less shall to that extent not be incorporated 
therein; and any such policy may be issued or delivered in this 
state which in the opinion of the department of trade and com- 
merece contains provisions on any one or more of the several fore- 
going requirements more favorable to the policy holder than 
hereinbefore required. The provisions of this section shall not 
apply to policies of reinsurance, nor to annuities and pure en- 
dowments, with or without return of premium, nor to policies 
issued or granted in exchange for lapsed or surrendered policies. 

See. 3. (3239) Policy—prohibitions—life—No policy of 
life or endowment insurance shall be issued or delivered in this 
state if it contains in substance: 


1. A provision by which the policy shall purport to be is- 
sued, or to take effect, more than six months before the original 
application for the insurance was made, or 


2. A provision by which the settlement at the maturity of 
any policy after the expiration of the contestable period thereof, 
shall be of less value than the amount promised on the face of 
the policy plus dividend additions, if any, less any indebtedness 
to the company on or secured by the policy, and less any premium 
that may, by the terms of the policy be deducted; or 


3. If there is attached thereto or issued as a part thereof 
or in connection therewith any coupons or other evidence of in- 
debtedness by whatever name called, which coupons or other 
evidence of indebtedness are to be used in reducing the premiums 
on the policies, or for the purchase of additional insurance or any 
benefit whatever, or which are to be redeemed by the company 
in cash under any circumstanees, in the nature of a rebate on 
the premium; or 

4. If any of the surrender values of the policy are based 
upon the premiums paid, rather than on the reserve computed 


—200- 


on the standard of valuations stated in the policy, which must 
be in accordance with the terms of this article, unless the policy 
shall state that the paid-up surrender values are based upon the 
premium rather than on the reserve, in which case they may be 
based on the premium paid. 

Sec. 4. (8240) - Policy—contents—accidents.—No policy of 
insurance against loss or damage from disease or by bodily in- 
jury by accident, or both, of the assured, shall be issued or de- 
livered in this state until the table of rates or manual of risks 
of the company has: been filed at least fifteen days with the de- 
partment of trade and commerce, nor shall such policy be so 
issued or delivered unless every portion, except the questions 
and answers in the application, is plainly printed in type not 
smaller than long primer or ten point type, nor unless there is 
printed on the first page thereof, and on its filing back, in type 
not smaller than eighteen point or great primer, a brief descrip- 
tion of the policy; nor unless all exceptions and conditions are 
printed with the same prominence as the benefits to which such 
exceptions and conditions apply, nor unless it contains in sub- 
stance*the following provisions: 


1. A provision that such policy, with a copy of the applica- 
tion thereof, if any, and of such other papers as may be attached 
thereto, or endorsed thereon, shall constitute the entire contract 
of insurance; except as it may be affected by any table of rates 
or classification risks filed by the company with the department 
of trade and commerce; and except that this provision shall not 
be required upon policies of industrial insurance, or where the 
premiums are payable monthly or oftener; and 


2. <A provision that no statement made by the applicant 
for insurance, which statement is not incorporated in or endorsed 
on the policy issued to such applicant, shall avoid the policy or 
be used in evidence, and no provision of the charter, constitution 
or by-laws shall be used in defense of any claims arising under 
any such policy unless such provisions are incorporated in full 
in the policy; but this requirement shall not be deemed to apply 
to the table of rates or manual of: classification of risks of any 
corporation filed with the department of trade and commerce 
prior to the date of the occurrence of the injury or commence- 
ment of the sickness for which indemnity is claimed; and 


—Z201— 


3. A provision that specifies the time within which notice 
of accident or disability shall be given, which time shall not be 
less than ten days from the date of the accident or the beginning 
of the disability from sickness upon which claim is based. In 
ease of accidental death, notice within the same time may be 
required, unless the notices herein specified may be shown not 
to have been reasonably possible; and 


4. <A provision that notice of a claim for indemnity shall 
be deemed sufficient when given to the officer or agent of the 
company specified in the policy; and 


5. Ifa past due premium shall be accepted by the company, 
or by a branch office, or by an authorized agent of the company 
in the city, town or county in which the insured shall reside, 
such acceptance shall reinstate the policy in full as to disability 
resulting from accidental bodily injuries thereafter sustained, 
but shall only reinstate the policy as to disability from disease 
beginning more than fifteen days after the date of such accept- 
ance; and 


6. <A provision that if the insured is injured or contracts 
disease after having changed his occupation to one classified by 
the company as more hazardous than that stated in the policy, 
or while he is doing any act pertaining to any occupation so 
classified, the company shall pay such proportion of the indemni- 
ties provided in the policy as the premium paid would have pur- 
chased at the rate, but within the limit fixed by the company, 
for such more hazardous occupation according to the company’s 
rates and classification of risks filed with the department of trade 
and commerce in this state, at or prior to the date of issuance 
of the policy under which indemnity is claimed; and 


7. A provision that the company will pay the benefits 
promised within sixty days of the receipt, by it, of due proofs of 
death or disability; and 


8. A provision that the policy may be cancelled at any 
time by the company by giving the insured written notice of 
eancellation and paying in cash, or mailing by registered letter 
with proper postage affixed thereto, addressed to the insured at 
his usual or last known post-office address, a post-office or express 
company money order or bank draft, for the unearned portion 


—202- 


of the premium but that the cancellation shall be without pre- 
judice to any claim arising on account of disability commencing — 
prior to the date on which the cancellation takes effect. 


Sec. 5. (8241) Same—prohibitions—accident.—No such 
policy insuring against accidental bodily injuries or disease or 
death shall be issued or delivered in this state if it contains in 
substance any of the following provisions: 


1. A provision limiting the time within which proofs of 
claims shall be furnished to the company to a period less than 
ninety days from the date of death, dismemberment, or loss of 
sight from the termination of any other disability; or 


2. <A provision that such policy shall authorize the deduc- 
tion of any premium or assessment from any indemnity payable 
under the terms of the policy, except such premium or assess- 
ment as may be due or covered by written order or note at the 
‘time of payment of the indemnity; or | 


9 


3. <A provision limiting the amount of indemnity to be paid 
to a sum less than the indemnity as stated in the policy and for 
which the premium has-been paid: Provided, however, if the 
insured shall carry other insurance covering the same hazard, 
without giving written notice to the companies issuing the poli- 
cies, then, and in that case, each company shall be liable only for 
such proportionate amount of benefits as the indemnity promised 
bears to the total amount of indemnity in all the policies cover- 
ing such hazard, and for the return of such part of the premium 
paid as shall exceed the pro rata of the premium for the benefits 
paid. 

Sec. 6. (8242) Same—not applicable to blanket policies.— 
Nothing in this article shall affect any general or blanket policy 
of insurance issued to any municipal corporation or department 
thereof, or to any corporation, copartnership, association or in- 
dividual employer, police or fire department, underwriters’ corps, 
salvage bureau or like associations or organizations, when the 
officers, members or employees or classes or departments thereof 
are insured against specified accidental bodily injuries or diseases 
while exposed to the hazards of the occupation or otherwise, for 
a premium intended to cover the risks of all persons insured under , 
such policy; nor shall anything in the two next preceding sections 


—203- 


apply to or affect contracts of life insurance or contracts supple- 
mental thereto which shall contain provisions intended to safe- 
guard such life insurance against lapse, or that shall provide a 
special surrender value therefor in the event that the assured 
thereunder shall, by reason of accidental bodily injury or disease, 
be unable to continue the premium payments thereon. 

See. 7. (3243) What policy may contain.—The policies of 
any insurance company not organized under the laws of this state 
may, if approved by the department of trade and commerce, con- 
tain any provisions which the law of the state, territory, district 
or country under which the company is organized, prescribed 
shall be in such policies when issued in this state, and the policies 
of any insurance company organized under the laws of tls state 
may, when issued or delivered in any other state, territory, dis- 
trict or country, contain any provision required by the laws of 
the state, territory, district or country in which the same are — 
issued, anything in this article to the. contrary notwithstanding. 

Sec. 8. (8244) Validity of policies—A policy issued in 
violation of this article shall be held valid, but shall be construed 
as provided herein, and when any provision in such a policy is 
in conflict with any provision hereof, the rights, duties and obli- 
gations of the company, policyholder and the beneficiary shall 
be governed by the provisions of this article. 

Sec. 9. (8245) Penalty.—Any company or association, or 
any officer, agent or broker thereof, which or who issues or de- 
livers in this state, or to any citizen thereof, any policy in wilful 
violation of the provisions of this article, shall be punished by 
a fine not exceeding one hundred dollars for each offense; and 
the department of trade and commerce may revoke the license 
of any company, association, agent or broker thereof which or 
who violates any of the provisions of this article. 


ARTICLE VIII. 


GENERAL PROVISIONS COVERING FIRE COMPANIES. 


Section 1. (8246) Over-insurance unlawful.—It shall be 
unlawful for any insurance company or any agent to knowingly 
issue any fire insurance policy upon property within this state 
for an amount which, with any existing insurance, exceeds the 


—204— 


fair value of the property or of the interest of the insured there- 
in, or for a longer time than for five years, except as provided 
in section 11 of article X. 


Sec. 2. (3247) Same—insured.—It shall be unlawful for 
any party having an insurable interest in property located in 
this state to knowingly procure any fire insurance policy upon 
his interest in such property, or for an amount which, with any 
existing insurance thereon, exceeds the fair value of his interest 
in the property. 

Sec. 3. (8248) Over-insurance—penalties.—Every insurer 
who makes insurance upon any building or property or interest 
therein against loss or damage by fire, and every agent who is- 
sues a fire insurance policy covering any building or property or 
interest therein, and every insured who procures a policy of fire 
insurance upon any building or property or interest therein. 
owned by him, is presumed to know the insurable value of such 
building or property or interest therein at the time such insur- 
ance is effected. Any insurer who knowingly makes insurance 
on any building or property or interest therein against loss or 
damage by fire in excess of the insurable value thereof, shall be 
fined in a sum not less than fifty dollars nor more than one hun- 
dred dollars. Any agent who knowingly affects insurance on a 
building or property or interest therein in excess of the insurable 
value thereof, shall be fined in a sum not less than fifteen nor 
more than twenty-five dollars. 


See. 4. (8249) Maximum risk.—No insurance company 
authorized to transact business in this state, unless otherwise 
provided by this article shall, expose itself to a single hazard in 
the congested district of any city or town, for a larger amount 
than one-tenth of its paid-up capital in the United States, unless 
it provides for reinsurance of the excess simultaneously with the 
original contract; and if any insurance company violates this 
provision the department of trade and commerce may revoke 
its authority to transact business in this state. 


‘Sec. 5. (8250) Premium to be stated.—Every fire insur- 
ance policy must state on its face the amount of the premium. 

Sec. 6. (8251) Adjuster to report violations—Every ad- 
juster, who investigates any loss claim in this state, shall ascer- 


—205- 


tain whether there be double, or over-insurance upon such risk 
and the facts and circumstances so far as practical pertaining 
to the origin or happening of the hazard or peril insured against ; 
and in ease he believes fraud has been committed or attempted 
to be committed, he shall promptly report the premises to the 
department of trade and commerce, and in ease of fire insurance, 
to the fire marshal as well. 


See. 7. (3252) Guarantee surplus fund—special reserve 
fund.—Any domestic fire insurance company may create a guar- 
anty surplus fund and a special reserve fund upon the adop- 
tion of a resolution by its board of directors at a regular meeting, 
and upon filing with the department of trade and commerce, a 
copy thereof, declaring their desire and intention to.create such 
funds and to do business under this and the two following sec- 
tions. The department of trade and commerce shall thereupon 
make, or cause to be made, an examination of such company, 
and it shall make a certificate of the result thereof, which shall 
particularly set forth the amount of surplus funds held by such 
company at the date of the examination, which under the pro- 
visions of this section may be equally divided between and set 
apart to constitute guaranty surplus and special reserve funds, 
which certificate shall be recorded in the department of trade 
and commerce. Thereafter all policies and renewals of policies 
issued by any such company shall have printed thereon, by it, a 
notice that they are issued under and in pursuance of this and 
the two following sections of this article, referring to the same 
by the numbers of sections, and all such policies and renewals 
shall be subject to the provisions of such sections. After the 
passage and filing of such resolution, the company shall not make, 
declare or pay in any form any dividend upon its capital stock 
exceeding seven per centum per annum thereon, and upon the 
surplus funds to be formed thereunder, until after its guaranty 
surplus fund and its special reserve fund shall have together ac- 
cumulated to an amount equal to its capital stock; and until such 
funds shall together amount to a sum equal to its capital stock, 
the entire surplus profits of the company above such annual 
dividend of seven per centum shall be equally divided between 
and be set apart to constitute such guaranty surplus and special 
reserve funds, which funds shall be held and used as hereinafter 


—206- 


provided and not otherwise. Any such company which shall 
declare or pay any dividend contrary to the provisions herein 
contained, shall be deemed to have forfeited its charter. In esti- 


mating the profits of any such company for the purpose of mak- 


ing a division thereof between the guaranty surplus fund and the 
special reserve fund, until such funds shall together amount to 
a sum equal to its capital stock, there shall be deducted from 
the gross assets of the corporation, including for this purpose 


the amount of the special reserve fund, the sum of the follow-. 


ing items: 


1. The amount of all outstanding claims. 


2. An amount sufficient to meet the liability of the company 


for the unearned premiums upon its unexpired policies, which 
shall be at least equal to the unearned premiums on policies hay- 


ing one year or less to run, and a pro rata proportion of the 
premiums received on the policies having more than one year 


to run, and shall be known as the reinsurance liability. 


3. The amount of its guaranty surplus fund and its special 


reserve fund. 


4. The amount of its capital. 


5. Interest at the rate of seven per centum per annum 


upon the amount of its capital and of such funds for whatever 
time shall have elapsed since the last preceding cash dividend. 


The balance shall constitute the net surplus of the company” 


subject to the equal division between the funds as herein pro- 


vided. When the company shall notify the department of trade 
and commerce, that it has fulfilled the requirements of this sec- 


tion, and that its guaranty surplus fund and its special reserve 
fund, taken together, equal its capital stock, it shall make an 
examination of the company and make a certificate of the result 
thereof; and thereafter such company may continue out of any 
subsequent profits of business, to add to such funds, either the 
whole or a part thereof, but when any addition is made to the 


special reserve fund, an equal sum shall be carried to the guar. 


anty surplus fund. 
Sec. 8. (8253) Surplus fund invested.—Such guaranty sur- 


plus fund shall be held and invested by such company in the” 
same manner as its capital stock and surplus accumulations, and 


hs sa 


Sey —Z07— 


shall be liable and applicable in the same manner as the capital 
of the company to the payment generally of its losses. Such spec- 
ial reserve fund, until it shall amount to a sum equal to one-half 


of the capital stock, shall be invested in the same manner as the 
capital of the company, and any additional sum added to such 


fund shall be invested in any securities in which the company is 


by law authorized to invest its capital or its surplus aceumula- 
tions, and shall be deposited from time to time, as the same shall 


‘accumulate and be invested, with the department of trade and 


commerce. 


Such special reserve fund shall be deemed a fund contributed 
by the stockholders to protect such company and its policy hold- 
ers other than claimants for losses already existing or then oc- 
curred, in case of any extraordinary conflagration or conflagra- 
tions as hereinafter mentioned, and shall not be regarded as any 
part or portion of the assets of the company so as to be liable for 
any claim for loss by fire or otherwise except as herein provided. 


~ ~See. 9. (8254) Purpose of funds.—When any extensive 
conflagration or conflagrations shall occur whereby the claims 
upon the company shall exceed the amount of its capital stock, 
and of the guaranty surplus fund hereinbefore provided, the 
company shall notify the department of trade and commerce of 
the fact, which shall then make or cause to be made an examina- 
tion of the company, and shall issue its certificate in duplicate 
of the result, showing the amounts of capital, of guaranty surplus 
fund, of special reserve fund, of reinsurance liability, and all 
other assets. 


One of such certificates shall be given the company and the 
other shall be recorded with the department of trade and com- 
merece. Such special reserve fund shall be immediately held to 
protect all policy holders of the company other than such as are 
claimants upon it at the time, or such as become claimants in 
consequence of such conflagration or conflagrations. 


The amount of such special reserve fund, and an amount 
equal to the unearned premiums of such company, to be ascer- 
tained as hereinbefore provided, shall constitute the capital and 
assets of such company for the protection of policy holders other 
than such claimants, and for the further conduct of its business. 


—208- fx 


Such certificate of the department of trade and commerce shall 
be binding and conclusive upon all parties interested in the cor- 
porations whether stockholders, creditors or policy holders. Upon 
the payment to the claimants for losses or otherwise, existing at 
the time of, or caused by such general conflagration or conflagra- 
tions, of an amount to which they are respectively entitled in 
proportion to their several claims, or the full sum of the capital 
of the company and of its guaranty surplus fund, and of its 
assets, except only such special reserve fund and an amount of 
its assets equal to the liability of the company for unearned 
premiums, as so certified by the department of trade and com- 
merce, such company shall be forever discharged from any and 
all further liability to such claimants and to each of them. 


The department of trade and commerce shall, after issuing 
such certificate, upon the demand of the company, transfer to it 
all such certificates as shall have been deposited with said depart- 
ment by it as such special reserve fund. If the amount of such 
special reserve fund shall be less than fifty per centum of the 
full amount of the capital of the company, a requisition shall be 
issued by the department of trade and commerce upon the stock- 
holders to make up the capital to that proportion of its full 
amount, in the manner now provided by law in the ease of a 
company, with impaired capital. Any capital so impaired shall 
be so made up to at least the sum of two hundred thousand 
dollars. If the company, after such requisition, shall fail to 
make up its capital to at least such amount as herein directed, 
such special reserve fund shall be held as security and lable 
for all losses occurring upon policies of such company after such 
conflagration or conflagrations. If any amount greater than a 
sum equal to one-half of its capital stock, shall by such company, 
under the provisions of the two preceding sections have been 
deposited with the department of trade and commerce it shall 
retain of such securities a sum equal to one-half of the amount 
it shall so hold thereof in excess of such one-half of the capital 
stock, and transfer the balance thereof to the company as herein 
provided. The amount so transferred to the company shall, from 
the time of such transfer, if not less than two hundred thousand 
dollars, constitute the capital stock of the company for the fur- 
ther conduct of its business as hereinbefore provided. The sum 


—209- 


so retained by the department of trade and commerce shall thence- 
forth constitute the special reserve fund of the company, to which 
additions may be made as herein provided, and shall be held 
in the same manner, for the same purposes and under the same 
conditions as the original special reserve fund of the. company 
was held. The company shall, in its annual statement to the 
department of trade and commerce, set forth the amount. of 
such special reserve fund and of its guaranty surplus fund. If 
in consequence of the payment of losses by fire, or of the ex- 
penses of the business, or of the interest payable under the pro- 
visions of this article to stockholders, or from any cause, the 
guaranty surplus fund shall be reduced in amount below the 
amount of the special reserve fund, the directors of the company 
shall have the right, at their option, at the time of making any 
division of the net profits as herein provided, to carry a larger 
sum to the guaranty surplus fund than to the special reserve 
fund; but this privilege shall cease when the two funds are made 
equal in amount. | : 


The policy registers, insurance maps, books of record and 
other books in actual use by the company in its business, are 
not to be considered as assets, but shall be held by it for its use 
in the protection of its policy holders not claimants for losses 
at the time of such general conflagration. If, after the accumu- 
lation of such special reserve fund, it shall appear upon examina- 
tion by the department of trade and commerce that the capital 
of the company has, in the absence of any such extensive con- 
flagration, become impaired, it shall order a call upon the stock- 
holders to make up such impairment, and the board of directors 
may either comply with such order and require the necessary 
payments of the stockholders, or, at their option, they may apply 
for that purpose so much of said special reserve fund as w ill 
make such impairment good. No company doing business under 
this and the two preceding sections shall insure any larger 
amount upon any single risk than is permitted by law to a com- 
pany possessing the same amount of capital, irrespective of the 
funds BOrernbeLory provided for. alte 


—210- 


ARTICLE TX. 


GENERAL PROVISIONS COVERING HEALTH, AND” 
ACCIDENT INSURANCE COMPANIES. 


Section 1. (3255) Who shall sign policies.—AlI life insur- 


ance policies except industrial policies delivered in this state _ 


shall be sighed by the secretary or assistant secretary; or, in 
their absence by a secretary: pro tempore, and by the president 
or vice-president, or, in their absence, by two directors, of ae 
company issuing the same. 


See. 2. (8256) ‘Medical examination required. —No life in- 
surance company organized under the laws of, or doing business 
in this state, shall enter into any contract of insurance upon lives 
within this state, except in groups of one hundred or more, or 
industrial insurance, or when premiums are payable monthly or 
oftener, without having previously made, or caused to be made, 
a prescribed medical examination of the insured by a legally 
qualified practicing physician: Provided, however, nothing here- 
in contained in this section shall be construed to permit the enter- 
ing into any contract of life insurance upon groups taken from 
any fraternal beneficiary society doing business in this state. 

See. 3. (8257) Policy binding on company.—In any claim 
arising under a policy which has been issued in this state by any 
life insurance company without previous medical examination, 
or, without the knowledge and consent of the insured or, if said 
insured is under fourteen years of age, without the consent of 
the parent, guardian or other person having legal custody of 
said minor, the statements made in the application as to age, 
physical condition, and family history of the insured, shall not 
be: valid and binding upon the company, but the company shall 
not be debarred from proving as a defense to such claim that 
said statements were wilfully false, fraudulent or misleading. 


Sec. 4. (8258) Insurance without insured consenting.—No 
policy or agreement for insurance shall be issued upon the life 
or health of another or against loss by disablement by accident 
except upon the application of the person insured; but a wife 
may take a policy of insurance upon the life or health of her 
husband, or against loss by his disablement by accident; an em- 


a 


—211- 


ployer may take out a policy of accident insurance covering his 
employes collectively for the benefit of such as may be injured, 
and a person liable for the support of a child at the age of one 
year and upwards may take a policy of insurance thereon, the 
amount payable under which may be made to increase with ad- 
vaneing age, and which shall not exceed the sums specified in 
the following table, the ages wherein specified being the age at 
the time of death, for an amount not exceeding the sum specified 


in the table: 
Between of 


of 


the 
the 


ages 
Between 
lars. 


ages 


of 
of 
of 
of 


the 
the 
the 
the 


- Between ages 


Between ages 
Between ages 


Between 
forty dollars. 


ages 


-:Between the ages of 
and sixty-eight dollars. 
Between the ages of 
dollars. « 
Between the ages of 
forty dollars. 
‘Between the ages of 
dollars. 
Between the ages of 
dred and eighty dollars. 
| Between the ages of 
dred and sixty dollars. 
Between the ages of 
dred and twenty dollars. 
; Between the ages of 
dred and twelve dollars. 
. Between the ages of 
hundred dollars. 


one and two years, thirty dollars. 


two and three years, thirty-four dol- 


three and four years, forty dollars. 
four and five years, forty-eight dollars. 
five and six years, forty-eight dollars. 


six and seven years, one hundred and 
seven and ey years, one hundred 
eight and nine years, two hundred 
nine and ten years, two hundred and 
ten and eleven years, three hundrel 
eleven and twelve years, three hun- 
twelve and thirteen years, four hun- 
thirteen and sixteen years, five hun- 
sixteen and seventeen years, six hun- 


seventeen and eighteen years, seven 


—212- 


Between the ages of eighteen and nineteen. years, seven 
hundred and eighty-four dollars. . 


Between the ages of nineteen and twenty years, eight hun- 
dred and fifty-five dollars. 


Between the ages of twenty and twenty-one years, nine 
hundred and thirty dollars. 


In respect of insurance heretofore or hereafter by any per- 
son not of the full age of twenty-one years, but of the age of 
fourteen years or upwards, effected upon the life of such minor, 
for the benefit of such minor or for the benefit of the father, 
mother, husband, wife, brother or sister of such minor, the as- 
sured, shall not, by reason only of such minority, be deemed in- 
competent to contract for such insurance or for the surrender 
of such insurance, or to give a valid discharge for any benefit 
accruing, or for money payable under the contract. 


Sec. 5. (8259) Accumulations.——Any domestic life insur- 
anee company may accumulate and maintain in addition to the 
net value of its policies. and all accumulations held on account 
of existing or future dividend policies or groups of such policies, 
a contingency reserve of not more than ten per cent of said net 
value, or the sum of one hundred thousand dollars, whichever is 
the greater. For cause shown the department of trade and com- 
merce may at any time, and from time to time permit any com- 
pany to aecumulate and maintain a larger contingency reserve, 
not exceeding one year under any one permission, by filing in the 
office of the department of trade and commerce a written request 
stating the reasons therefor. 


Sec. 6. (8260) Separate department required—when.—All 
domestic stock life insurance companies, which shall hereafter 
issue both participating and non-participating policies, shall hold 
all the surplus and earnings arising from the participating in- 
surance for the benefit of, and for distribution to the participat- 
ing policy holders, and shall give to the holders of such par- 
ticipating policies full right to participate in the accumulations 
of such company from such business, as provided by this article. 
All such companies shall keep and transact its participating and 
non-participating business in separate accounts, and shall main- 
tain a complete separation between the two accounts. They shall 


—213- 


make separate reports to the department of trade and commerce 
for the two classes of insurance, and no part of the surplus ac- 
cumulated from or belonging to the participating business shall 
be transferred to the non-participating business. Accumulations 
from paid-up or temporary and pure endowment insurance issued 
or granted in exchange for lapsed or surrendered participating 
policies shall be credited to the participating business alone. 


ARTICLE X. 
ASSESSMENT ASSOCIATIONS. 


Section 1. (8261) Special and additional requirements.— 
No domestie assessment association shall begin to transact the 
business of insurance until: 


(a) Its by-laws, stating in detail its scheme and method of 
doing business, shall have been approved by the department of 
trade and commerce. Every amendment to a by-law which in 
any manner changes the scheme or method of doing business 
must be approved by the department of trade and commerce be- 
fore it shall take effect. 


(b) It shall issue simultaneously policies upon one hundred 
or more risks, and shall have received in cash the proceeds of one 
assessment, unless formed to insure grain elevators and contents, 
warehouses, coal sheds, lumber yards and flour mills, in which 
case there shall be not less than fifty policies. 


Sec. 2. (3262) How assessments determined.—AlI] assess- 
ments shall be determined by proper classification and rating of 
the risks which an assessment association may assume so that 
every member may be assessed in a proper proportion to his risk. 
The method of estimating the prorate amount of each member’s 
liability for losses and his share of the expenses shall be fixed 
in the by-laws. All assessments shall be made by the board of 
directors unless otherwise provided in the articles of association. 


Sec. 3. (3268) When assessments to begin.—No assessment 
shall be made on a member for liability occurring prior to his 
membership. A member may be excluded from all benefits dur- 
ing the time he is in default of payment of any assessment. 


—214— 


See. 4. (8264) Withdrawal—Any member may withdraw 
by surrendering his policy for cancellation at any time by giving 
notice in writing to the secretary of the association and paying 
a cancellation fee of fifty cents and the amount of his share of 
all claims then existing against the company, which amount 
shall not exceed his contingent liability. 


See. 5. (3265) Notice of loss—LEvery member of such as- 
sociation who may sustain loss or damage shall, as soon as prac- 
ticable, thereafter, notify the secretary thereof stating the amount 
of damage or loss claimed. The person or persons authorized by 
such company to adjust losses shall proceed to ascertain the 
amount of such loss or damage and adjust the same. 


See. 6. (8266) Suits—Suits at law may be brought against 
any member who shall neglect or refuse to pay any assessment 
made against him in the same manner as for the collection of 
any other debt; and a member may bring an action ets the 
company for any loss sustained. 


Sec. 7. (8267) Failure of officers to perform duty—penalty. 
—If the officers and directors of any such association shall fail 
or refuse, after receiving notice of a loss, to take the necessary 
steps to provide for the payment of the same, they shall render 
themselves individually liable therefor, and an action may be 
maintained against them to collect such amount. | | 

Sec. 8. (8268) Policy fee—EHvery such association may 
collect at the time of the issuing of a policy, a fee, which for all 
purposes, including membership, shall not exceed five dollars 
and a percentage of the amount insured not exceeding one and 
one-half per cent as an advance assessment as the by-laws may ~ 
provide. From the amount so collected a contingency fund may 
be created, and such fund may be maintained and added to from 
any other funds collected by the company in the manner pro- — 
vided in the by-laws. | 

See. 9. (8269) Company may borrow—when.— Whenever 
the cash on hand, not including the contingency fund, shall be 
insufficient to pay all claims, then such deficiency may be taken 
from the contingency fund. If this fund is insufficient to meet 
all claims, then the company may borrow money for such ‘pur- 
poses. Any diminution of the contingency fund shall be a lia- 
bility to be provided for by the next assessment. 


—215-— 


See. 10. (8270) Arbitration.—Any such association may 
provide in its by-laws for arbitration of any claim for loss or 
damage where a member and the association fail to agree thereon. 


See. 11. (8271) Time certificates may run.—No certificate 
or policy of an assessment association insuring property shall 
cover a longer period than five years from its date, unless such 
assessment association shall provide in its by-laws for readjust- 
ment or reappraisement of such property insured, at least once 
in five years. 


Sec. 12. (3272) Hail associations.—An assessment hail as- 
sociation shall issue policies only on growing crops, insuring 
against loss or damage by hail. At the option of the association 
the state may be divided into districts of not less than fifteen 
counties each, for the purpose of. making assessments according 
to the hazard in each district. It shall be unlawful for any such 
association to borrow money in any year in excess of twenty- 
five per cent of the obligations of its members for that year. All 
such associations shall deposit in some bank or banks fifty per 
cent of all the income from its members or policy holders, which 
deposit shall be drawn from said bank for the payment of losses 
only, and by check or order issued by the proper officers of such 
association. Each check or order shall designate the name of 
the policy holders for whose benefit the money is drawn, and shall 
give the number of his policy. No officer or employee of such 
association who shall receive a fixed salary for his services, shall 
be allowed or permitted to receive a commission or any other 
compensation, other than the fixed salary which shall be pro- 
vided for in the rules or by-laws of the association. The officers 
of such association having the custody of the papers or funds 
thereof, shall enter into bonds, to the state of Nebraska, for the 
use and benefit of said members or policy holders in the sum of 
fifty thousand dollars with some surety company or companies 
authorized to do business in the state of Nebraska, such bond 
to be approved by and deposited with the State of Nebraska, 
conditioned for the faithful and accounting of the funds of such 
association, as provided in this section. Suit upon such bonds 
shall be brought hy the attorney general upon a showing by the 
department of trade and commerce that a condition of the bond 
has been violated. 


—216- 


‘Sec..13. Physicians and surgeons—malpractice.—Mutual as- 
sociations may be organized by physicians and dentists, for the 
purpose of protecting themselves against loss by reason of ac- 
tions at law on account of alleged negligence and carelessness 
of said physicians and dentists in the treatment of patients, and 
for alleged malpractice or loss by reason of damages in other 
respects, and to reimburse any member of such associations in 
ease of such loss, and to mutually assist in the defense of suits 
and claims for damages on account of said alleged carelessness 
and malpractice. Such associations may issue certificates of 
membership, or policies, the payment of the premiums of which 
may be on the cash, installment, or assessment plan. 


See. 14. Same—charter approval.—Before beginning the 
‘transaction of business, such association shall submit its charter, 
by-laws and forms of membership certificate, or policy, to the 
department, which, if it approve the same, shall issue its certi- 
ficate of authority to transact such business in this state. 

Sec. 15. Department control of mutual associationThe 
department shall have and exercise the same jurisdiction and 
control over such mutual associations as it has over other insur- 
ance associations doing business in this state. 

Sec. 16. Conditions precedent to doing business.—Mutual — 
associations or companiés organized under the laws of any other 
state for the purpose of transacting the kind of business described 
-in section one of this act, and which have been in business for ° 
at least one year or more and have on hand eash assets to an 
amount of not less than ten thousand ($10,000.00) dollars and 
have not less than five hundred policy holders, shall be admitted 
to do business in this state, subject, however, to the jurisdiction 
and control of the department in all things and to the same ex- 
tent as domestic companies of like character. 


ARTICLE XI. 


MISCELLANEOUS PROVISIONS. 


Sec. 1. (3278) Endorsement on policy.—On the face of 
every policy or certificate issued by a domestic corporation it 
shall appear whether the corporation is a stock, mutual, assess- 
ment or fraternal one. : | 


—217- 


Sec. 2. (3274) Exemptions.—All moneys and all and every 
benefit accruing under any policy or certificate payable at the 
death of the insured, where the annual premium thereon, inelud- 
ing all others on like policies, does not exceed five hundred dol- 
lars, shall be exempt from the claims of creditors when the 
person entitled thereto is not the executor or administrator of 
the insured or of the beneficiary. And when the annual premium 
thereon shall exceed five hundred dollars, such exemption shall 
.not apply to such excess, but all money accruing thereunder, or 
under like policies, by virtue of such excess, shall inure to the 
benefit of the creditors of the person paying the same, whether 
such person is the insured or a beneficiary. 


See. 8. (3275) Form. approved.—No insurance policy or 
certificate of any kind shall be issued or delivered in this state 
unless and until a copy of the form thereof has been filed with 
the department of trade and commerce and approved by it. 

See. 4. (Ch. 78, 1917) Foreign companies—admission.—No 
foreign or alien company shall be admitted to do business in 
this state, until, in addition to all other requirements, it has made 
at least one annual report, to the insurance department of the 
state or country in which its home office is located. 


Sec. 5. (8277) Rebating prohibited—No insurance com- 
pany, by itself or any other party, and no insurance agent or 
broker, personally or by any other party shall offer, promise, 
allow, give, set off or pay, directly or indirectly, any rebate of, 
or part of, the premium payable on the policy, or of any policy, 
or agent’s commission thereon, or earnings, profits, dividends or 
other benefits founded, arising, accruing, or to accrue thereon or 
therefrom, or any paid employment or contract for service, or 
for advice of any kind, or any other valuable consideration or 
inducement to, or for insurance, on any risk authorized to be 
taken under this article now or hereafter to be written, which 
is not specified in the policy contract of insurance; nor shall any 
such company, agent or broker, personally or otherwise, offer, 
promise, give, sell or purchase any stock, bonds, securities or 
property, or any dividends or profits accruing, or to accrue 
thereon, or other things of value whatsoever as inducement to 
insurance or in connection therewith which is not specified in the 
policy. No insured person or party shall receive or accept, 


—218- 


directly or indirectly, any rebate of premium, or part thereof, 
or agent’s or broker’s commission thereon, payable on the policy, 
or on any policy of insurance, or any favor or advantage or 
share in the dividends or other benefits to accrue on, or any 
valuable consideration or inducement, not specified in the policy 
contract of insurance. 


See. 6. (3278) Misrepresentation and twisting.—No insur- 
ance company or any officer, director, agent or broker thereot 


or any other person shall issue, circulate or use, cause, or permit ~ 


to be issued, circulated or used, any estimate, statement or cir- 
cular misrepresenting the terms of any policy issued, or to be 
issued, by such company, or misrepresenting the benefits or 
privileges promised under any such policy. No insurance com- 
pany, officer, director or agent thereof, or any other person, shall 
make any incomplete comparison of policies or contracts issued, 
or to be issued, or any misrepresentations, oral, written or other- 
wise to any person insured in any other company for the pur- 
pose of inducing, or tending to induce, such person to take out a 
policy of insurance, or for the purpose of inducing, or tending 
to induce, such policy holder in any other company or associa- 
tion to lapse, forfeit or surrender his insurance therein. 

Sec. 7. (8279) Discrimination.—No life insurance company 
shall make or permit any distinction or discrimination in favor 
of individuals, between insurance of the same class and equal 


expectation of life, in the amount of payment of premiums or — . 


rates charged for policies of life or endowment insurancee, or in 
the dividends or other benefits payable thereon, or in any other 
of the terms and conditions of the contract it makes; nor shall 


any company, agent, solicitor or broker make any contract of 


insurance or agreement as to such contract, other than is plainly 


specified in the policy thereon; except that any life insurance © 


company doing business in this state may issue policies of life 
or endowment insurance with or without annuities on the in- 
dustrial plan with special rates of premiums (but without dis- 
crimination) less than the usual rates of premiums for such poli- 
cies when issued to members of labor organizations, societies or 
similar organizations, or employees of one employer, who through 
their secretary or employer may take out insurance in an aggre- 
gate of not less than one hundred members and pay their 


2° ¥en" Soe 


—219- 


premiums through such secretary and employer: Provided, how- 
ever, nothing herein contained in this section shall be construed 
to permit the entry into any contract of life insurance upon 
groups taken from any fraternal beneficiary ee doing busi- 
ness in this state. 


No life insurance company shall issue in this state, nor per- 
mit its agents, officers, or employees to issue in this state, agency 
company stock, or other stock or securities, or any special or 
advisory board contract, or other contract of any kind promising 
returns and profits, as an inducement to insurance; and. no life 
Insurance company shall be authorized nor permitted to do busi- 
ness. in this state, which issues or permits its agents, officers or 
employees, to issue in this state or in any other state or terri- 
tory, agency company stock, or other stock or securities, or any 
special advisory board contract, or other contract of any kind 
promising returns and profits, as an inducement to insurance; 
and no corporation or stock company, acting as agent of a life 
insurance company, nor any of its agents, officers or employees, 
shall be permitted to agree to sell, offer to sell, or give or offer 
to give, directly or indirectly, in any manner whatsoever, any 
share of stock, securities, bonds or agreement of any form or 
nature, promising returns and profits, as an inducement to in- 
surance or in connection therewith. 


See. 8. (3280) Meaning of preceding sections.—The intent 
of the three preceding sections is to cover any and every form 
of misrepresentation and discrimination, present or future, 
whether clearly appearing in the policy issued or hidden under 
some scheme or guise therein; and said sections shall receive 
a liberal interpretation with this intent in view. 


See. 9. (8281) License revoked.—The license of any insur- 
ance company, agent or broker found by the department of trade 
and commerce, after hearing, to have violated any of the pro- 
visions of sections 5, 6, and 7 of this article, may be revoked; and 
no license shall he issued to such company, agent or broker within 
three months from the date of the revocation of the license. 


Sec. 10. (3282) States’ attorneys to prosecute.—In all pro- 


ceedings instituted in any court, or otherwise, under the pro- 
visions of this article, it shall be and thereby is made the duty 


—220-— 


of the attorney general, and of the several county attorneys 
throughout the state, to prosecute or defend all such proceed- 
ings, when requested by the department of trade and commerce 
so to do. 7 

Sec. 11. (8283) Annuity—amount—time of payment.—Any 
policy containing a provision for a deferred annuity on the life 
of the insured only (unless paid for a single premium) shall pro- 
vide that in the event of the non-payment of any premium after 
three full years’ premium shall have been paid, the annuity shall 
automatically become converted into a paid-up annuity for such 
proportion of the original annuity as the number of completed 
years’ premiums paid bears to the total number of premiums 
required under the contract. 

See. 12. (3284) Department to fix charges of surety com- 
pany.—It shall be the duty of the department of trade and com- 
merce to investigate the rates of premiums charged by surety 
and fidelity companies transacting business within this state, and 
when in the judgment of the department of trade and commerce, 
the necessity arises, to fix a maximum schedule of rates of 
premium to be charged by any fidelity or surety company tran- 
sacting business within this state, upon each and all, severally, 
of the different kinds of bonds, contracts, recognizances, stipula- 
tions and undertakings. For the purpose of conducting the in- 
vestigations above provided for, it shall have power, by appro- 
priate process, to compel the attendance of witnesses which wit- 
nesses shall be paid the same fees as are paid witnesses in the 
district court and said department shall have authority to ex- 
amine and inspect all the books, papers and records of any such 
surety or fidelity company for the purpose of gaining informa- 
tion to enable them to fit such maximum rates of premiums. The 
fees of witnesses and necessary expenses shall be paid out of 
any fund available for that purpose, on the order of the depart- 
ment: 

See. 138. (3285) Department certify maximum rate to com- 
pany.—It shall be the duty of the department of trade and 
commerce when such maximum of premiums has been so fixed, 
to send a certified copy of such maximum of premium to each 
fidelity and surety company authorized to transact business in 
this state, and it shall be unlawful for any such fidelity or surety 


~ 


—221- , 


company to exact, charge or receive any greater rate of premium 
upon any bond, contract, recognizance, stipulation, or undertak- 
ing than named in the schedule of rates of premium, so fixed 
by the department of trade and commerce, for the same re- 
spectively. 

See. 14. (3286) Extorting greater rate—penalty.—If any 
officer, or agent of any such fidelity or surety company shall 
exact, charge or receive any greater rate of premium for any 
bond, contract, recognizance, stipulation or undertaking than 
that so aforesaid fixed by said department of trade and com- 
merece, he shall be deemed guilty of a misdemeanor and upon 
conviction thereof shall be fined not less than one hundred dol- 
lars nor more than five hundred dollars, or be confined in 
the county jail for a period of not less than thirty days, nor 
more than three months, or both. 


Sec. 15. (8287) Assessment—life associations.—No life in- 
surance company or association other than fraternal beneficiary 
associations, which issues contracts, the performance of which is 
contingent upon the payment of assessments or calls made upon 
its members, shall be hereafter organized to do business within 
this state; but all such companies or associations as are now 
licensed to do business within the state on such plans may con- 
tinue and carry on the business of insurance on the plan under 
which they are organized and doing business at the time of the 
taking effect of this article without being required to value their 
assessment policies, or certificates of membership as yearly re- 
newal term contracts. 


Sec. 16. (3288) Appeals.—Any person or company may 
appeal from any decision of the department of trade and com- 
merece to the district court of the county in which the state capital 
is located, unless otherwise provided, within twenty days from 
the date thereof, in the same manner as appeals are now. taken 
from the action of the auditor of public accounts in the disallow- 
ance of claims. The court shall hear the appeal as in equity and 
without a jury, and shall render judgment and apportion costs 
as may be equitable. The decision of the department of trade 
and commerce shall remain in full force until reversed by final 
judgement of the court. 


—222- 


Sec. 17. (3289) Persons must testify.—No person shall be 
excused from testifying, or from producing any books, papers, 
contracts, agreements or documents at the trial or hearing of 
any person or company charged with violating any provisions. of 
this article on the ground that such testimony or evidence. may 
tend to incriminate himself, but no person shall be prosecuted 
for any act. concerning which he shall be compelled so to testify 
or produce evidence, documentary or otherwise, except for per- 
jury committed in so testifying. 


Sec. 18. (8290) Policy payable in inatalneyae a7, life in- 
surance company may provide that the amount to become due 
under a policy shall be paid in installments to a beneficiary there- 
in named; and if such beneficiary shall die before all said install- 
ments are paid, said policy may provide to whom the remaining 
ones shall be paid. If the beneficiary is other than the party 
procuring said policy from the company, he shall have no right 
either to commute the amount due thereunder or to assign, pledge, 
encumber, or dispose of the same, or to anticipate any benefits 
mentioned therein. 


Any person holding a policy in any, such company may, with- 
out the consent of the beneficiary, unless the appointment of 
such beneficiary be irrevocable, either sell and surrender the 
same to the company, or pledge or assign the same as security 
for a debt, which if due the company, shall be secured by said 
policy whether it is in the possession of the company or not; or, 
with the consent of the company, he may change his beneficiary. 


Sec. 19. (8291) Immediate disposal of notes prohibited.— 
It shall be unlawful for any company or agent thereof to hypo- 
thecate, sell or dispose of a promissory note, received in payment 
for any part of a premium on a policy of insurance applied for 
under the provisions of this article, prior to the delivery of the 
policy to the applicant. 


Sec. 20. (8292) General beanie —Any company or person 
who knowingly violates any provision of this article for which 
no penalty is provided, shall be deemed guilty of a misdemeanor 
and shall be punished by a fine not exceeding one hundred dol- 
lars or by imprisonment in the county jail not exceeding re 
oe 


—223—- 


Sec. 21. (8293) Interstate reciprocity—If any domestic 
insurance company or association, or domestic fraternal bene- 
ficiary society, having a certificate of authority from the depart- 
ment of trade and commerce, shall make application for admis- 
sion to any other state or country, and shall comply with all the | 
statutory regulations of such state or country and it shall be re- 
fused admission to such state or country, it shall be the duty of'the 
department of trade and commerce after thirty days’ notice to 
the officer in charge of insurance in said country or state, to re- 
voke every certificate of authority granted to like companies or 
societies organized under the laws of the state or country so 
refusing admission to a domestic insurance company or associa- 
tion or domestic fraternal beneficiary society, unless and until 
said country or state shall grant the necessary license or certi- 
ficate to such domestic insurance company or association or 
fraternal beneficiary society. 


ARTICLE XII. 
FRATERNAL INSURANCE. 


Section 1. (3295) ‘‘Fraternal beneficiary association’’ de- 
fined.—A ‘‘fraternal beneficiary society’’ is hereby declared to 
be a corporation, society or voluntary association, formed or or- 
ganized and carried on for the sole benefit of its members and 
their beneficiaries, and not for profit. Hach such society shall 
have a lodge system, with ritualistic form of work, and represen- 
tative form of government. Any such society shall be deemed 
to have a representative form of government when it shall pro- 
vide in its constitution and laws for supreme legislative or gov- 
erning body composed of representatives elected either by the 
members, or by delegates elected directly or indirectly by the 
members, together with such other members as may be prescribed 
by its constitution and laws: Provided, the elected members 
shall have not. less than nine-tenths of the vote, nor less than the 
votes required to amend its constitution and laws; and provided 
further, that the meetings, of the supreme or Piecing body, 
and election of officers, representatives, or delegates, shall be held 
as often as once in four years. The members, officers, represen- 
tatives or delegates of a fraternal society shall not vote by proxy. 


—224— 


Any such society shall not be deemed to have a representative 
form of government that shall not be in accordance with the 
provisions herein made: Provided, this section as to the mem- 
bership of the supreme body shall not be in force or affect any 
society now organized until immediately after the holding of 
the next regular meeting of the supreme governing body of said 
society. Provided, further, all questions affecting the rate or 
plan of assessments, or the amount of benefits or the plan of 
their payment, shall be and remain in the hands of the member- 
ship at large, and no change in the rate or plan of assessment, 
or in the amount of benefits or the plan of their payment, shall 
be effective within ninety days after such change has been pro- 
posed; and provided further, upon the filing of a petition signed 
by ten per cent of the membership of said association, with the 
proper officer or officers of said association, asking that said pro- 
posed change shall be submitted to the membership of said asso- 
ciation, within ninety days, then and in that case such officer or 
officers shall submit such proposed change to the membership 
of said association through its local orders; and such proposed 
change shall not be effective until a majority of the members 
voting upon such proposed change shall have been cast in favor 
thereof, nor until the result of such referendum vote herein pro- 
vided for shall have been duly certified under seal by the proper 
officers of said association and said certificate filed in the office of 
the department of trade and commerce and by it,duly approved. 


Sec. 2. (8295) Fraternal beneficial association.—A ‘‘fra- 
ternal beneficiary association’’ is hereby declared to be a cor- 
poration, society or voluntary association, formed or organized 
and carried on for the sole benefit of its members and their bene- 
ficiaries, and not for profit. Each such beneficiary association 
shall have a lodge system, with ritualistic form of work, and a 
representative form of government: Provided, however, when- 
ever any proposed change or amendment in the constitution or 
by-laws of any such society, making, fixing, changing or raising 
the schedule of rates of insurance, or periodical contribution, by 
members, for the payment of benefit or death claims, or the crea- 
tion of a reserve in any beneficial society authorized to transact 
business in this state shall be proposed or promulgated by the 
governing body of such society, such proposed change shall not 


—225- 


be effective until ninety days from and after due notice of such 
change shall have been given by the proper officer or officers of 
such governing body to the members of such society through its 
official paper, and by notice thereof to the local lodges or socie- 
ties by mail to the proper officers of such local orders; and pro- 
vided further, whenever a petition signed by at least ten per 
‘cent of the membership of such society, asking that such pro- 
posed change be submitted to a referendum vote of the member- 
ship of such society, shall be filed with the proper officer or of- 
ficers of such governing body of such society, within ninety days 
after such notice has been given, then and in that case such 
proposed change shall not take effect and be in force until such 
proposed change shall have been submitted to a vote of the 
membership of such society and shall have been approved 
by a majority vote of the members voting upon such pro- 
posed change and it is hereby made the duty of the officers 
of the governing body within thirty days after receiving such 
petition asking for a referendum vote to submit to all the bene- 
ficiary members of such society such proposed change or amend- 
ment in the constitution or by-laws, the same to be expressed 
by ballot at an election to be held in their respective lodges not 
less than twenty days nor more than sixty days from the date 
of the notice of such election, and the result of such election has 
been reported to the department of trade and commerce and by 
it duly approved. ! 


Sec. 3. (8296) Regulations for payment of benefits.—Such 
society shall make provision for the payment of benefits in case 
of death, and may make provision for the payment of benefits in 
case of sickness, temporary or permanent physical disability, 
either as a result of disease, accident or old age: Provided, the 
period in life at which payment of physical disability benefits, 
on account of age, commenees, shall not be under seventy years: 
Provided, the payment of such benefits in all cases shall be sub- 
ject to compliance, by the member with the contract, constitu- 
tion, rules and laws of the society: Provided further, this article 
shall not be construed to include fraternal orders which only 
provide for sick and funeral benefits nor shall the contract be- 
tween the holder of any certificate or the beneficiaries of such 
certificates and the society, order or association issuing the same, 


e 


—226- 


contained in the certificate issued by any such society, order or 
association, organized under the laws of this state prior to Janu- 
ary Ist, 1898, be in any way affected by this article. 


Sec. 4. . (3297) Benefit fund—how derived.—The fund from 
which the payment of such benefits shall be made, and the fund 
‘from which the expenses of such society shall be defrayed, shall 
be derived from beneficiary calls, assessments or dues collected 
from its members. 


Sec. 5. (Ch. 79, 1917) Fraternal insurance—children.— 
Any fraternal beneficiary association organized under the laws 
of this state or doing business in this state, may issue certificates 
for the payment of sick, death or annuity benefits upon the lives 
of children between the ages of one and eighteen years who have 
been examined and approved in accordance with the laws of such 
association, provided that the application for such a benefit certi- 
ficate shall be made by a parent or guardian of such child or 
some person upon whom such child is dependent for support. 
When such child shall arrive at the age permitting a personal 
application for insurance under the laws of such association, the 
certificate issued under this provision may be exchanged for any 
other form of certificate issued by the association, such exchange 
to be in accordance with the constitution, laws and regulations 
of such association. The free designation of a beneficiary in such 
exchange being left to such child. me 


Sec. 6. (Ch. 79, 1917) When permitted.—Such association 
Shall not issue any such benefit certificate until after it shall 
have simultaneously put in force at least five hundred such cer- 
tificates on each of which at least one assessment has been paid; 
nor where the number of lives represented by such certificate 
falls below five hundred. 


See. 7. (Ch. 79,1917) Basis of rates—The net beneficiary 
assessment collected upon such certificate shall be based upon 
the Standard Industrial Table of Mortality now adopted by the 
state of New York and interest at the rate of three and one-half 
per centum per annum, or upon a higher standard. The funds 
so collected, shall be kept as separate and distinct and shall not 
be liable nor used for the payment of debts and obligations of 
the association other than the benefits herein authorized. 


—227-— 


See. 8. Benefits allowed.—The total benefits payable shall 
in no ease for the respective ages exceed the following amounts, 
the age to be determined at the anniversary of birth following 
the death: : 


Two years, thirty four ($34.00) dollars; 

Three years, forty ($40.00) dollars; 

Four years, forty-eight ($48.00) dollars; 

Five years, fifty-eight ($58.00) dollars; 

Six years, ninety-five ($95.00) dollars; 

“Seven years, one hundred and fifty ($150.00) dollars; 

Eight years, one hundred and sixty-eight ($168.00) dollars; 

Nine years, two hundred ($200.00) dollars; 

Ten years, two hundred and forty ($240.00) dollars; 

Eleven years, three hundred ($300.00) dollars; | 

Twelve years, three hundred and eighty ($380.00) dollars; 

Thirteen years, four hundred and sixty ($460.00) dollars; 

Fourteen, fifteen and sixteen years, five hundred and twenty 
($520.00) dollars; | 

Seventeen years, six hundred and twelve ($612.00) dollars; 

Eighteen years, seven hundred ($700.00) dollars. 


Sec. 9. (Ch. 79, 1917) Membership—age limit.—No fra- 
ternal society created or organized under the provisions of this 
article shall issue beneficiary certificates of membership to any 
person over the age of fifty-two years. Payment of death bene- 
fits shall only be made to the families, heirs, blood relations, af- 
fianced husband or affianced wife of or the persons dependent 
upon the member. Provided, that a member who is totally and 
permanently disabled, either from accident, disease or old age, 
or is without means of support, may, with the consent of the 
society, if the by-laws so provide, make a charitable institution, 
trust company, the lodge or subordinate body of the society of 
which he is a member, or any person entering into an agreement 
in writing in manner and form satisfactory to said society, to 
support such member, the beneficiary in his certificate. Pro- 
vided, that a member having no husband, wife or children, may, 
with the consent of the society, make a charitable institution the 
beneficiary. 

See. 10. (3299) Exempt from insurance laws.—Such socie- 
ties shall be governed by this article and shall be exempt from 


—228- 


the provisions of the statutes of this state relative to life insur- 
ance companies except as hereinafter provided; and no law here- 
after passed shall apply to them unless they be expressly desig- 
nated therein. 

Sec. 11. (8300) Suits—Such society may be sued in any 
county in which is kept their principal place of business, or in 
which the beneficiary contract was made, or in which the death 
of the member occurred, or in the county of the residence of 
such deceased member; but actions to recover old age, sick or 
accident benefits may, at the option of the beneficiary, be brought 
in the county of his residence. 

See. 12. (8301) Benefits—not liable to attachment.—The 
money or other benefit, charity, relief or aid to be paid provided 
or rendered by any society authorized to do business under this 
article shall not be liable to attachment by trustee, garnishee or 
other process, and shall not be seized, taken, appropriated or ap- 
plied by any legal or equitable process, or by operation of law, 
to pay any debt or liability of a certificate holder, or of any 
beneficiary named in a certificate or of any person’ who may 
have any right thereunder. 

Sec. 13. (3302) Present societies—All such societies or- 
ganized under the laws of this or any other state, territory or 
province, and now doing business in this state, may continue such 
business, provided they hereafter comply with the provisions of 
this article. 

See. 14. (8303) Examination and certificates—Any such 
society organized under the laws of any other state, and now 
doing business in this state, shall be permitted to do business 
within this state when it shall file with the department of trade 
and commerce a duly certified copy of its charter and articles 
of association, and a copy of its constitution and laws certified 
to by its secretary or corresponding officer, together with an ap- 


pointment of the department of trade and commerce as a person - 


upon whom process may be served as hereinafter provided; and 
Provided, such society shall be shown by proper certificate to be 
authorized to do business in the state in which it is incorporated 
or organized. The department of trade-and commerce or one of 
its deputies, assistants or employees may examine into the con- 
dition, affairs, character and business methods, accounts and 


OGL RN, oe ee 


—229- 


books and investments of such society, at its home office, which 
examination shall be at the expense of said society, and shall be 
made within thirty days after demand therefor, and the expenses 
of such examination shall be limited to five dollars per day and 
the necessary expenses of travel and hotel bill. If the depart- 
ment of trade and commerce, after such examination, is of the 
opinion that no permit should be granted to such society, it may 
refuse to issue the same. 


See. 15. (8304) Annual report.—Every society doing busi- 
ness in this state shall, on or before the first day of March of 
each year, make and file with the department of trade and com- 
merce, a report for the year ending on the thirty-first day of 
December immediately preceding. All reports shall be upon 
blank forms to be provided by the department of trade and 
commerce and shall be verified under oath by the proper officers 
of such society, and shall contain such information as the depart- 
ment of trade and commerce may require. At the time of filing 
such annual report each society shall pay to the state treasurer 
a fee of ten dollars. The department of trade and commerce is 
authorized to make any additional inquiries of any such society 
relative to the business contemplated by this article at any time; 
and the officers of such society, as the department of trade and 
commerce may require, shall promptly reply in writing, under 
oath, to all such inquiries. If, upon examination, the department 
of trade and commerce is satisfied that such society is transact- 
ing its business according to law and in no sense fraudulently, 
it shall issue a certificate authorizing said society to transact 
business for the following year. 


Sec. 16. (8305) Attorney for service of process.—Any 
such society permitted to do business in this state and not having 
its principal office within this state, and not organized under the 
laws of this state, shall appoint in writing the secretary of the 
department of trade and commerce to be attorney in fact for.. 
such society, on whom all process in any action or proceeding 
shall be served in the same manner as all other foreign companies 
are required to appoint an attorney in this state for service. 

Sec. 17. (3806) Department’s permit.—The department of 
trade and commerce shall, upon the application of any such as- 
sociation, issue to it a permit in writing authorizing it to do busi- 


—230- 


ness within the state for which certificate and all proceedings 
connected therewith, such society shall pay to the state treasurer 
a fee of twenty dollars. 


Sec. 18. (33807) Agents—Such society shall not employ 
paid agents in soliciting or procuring members, except in the or- 
ganization or building up of subordinate bodies or granting mem- 
bers inducements to procure new members. 


Sec. 19. (3308) Right to name beneficiary.—No contract 
between a member and his beneficiary that the beneficiary or any 
person for him shall pay such member’s assessments and dues, 
or either of them, shall deprive the members of the right to 
change the name of the beneficiary. 


Sec. 20. (3309) Meetings of governing body.—Any such 
society, organized under the laws of this state, may provide for 
the meeting of its legislative or governing body in another state, 
territory or province wherein such association shall have sub- 
ordinate bodies, and all business transacted at such meeting shall 
be valid, in all respects as if such meeting were held within this 
state; and where the laws of any such society provide for the 
election of its officers by votes to be cast in its subordinate bodies, 
the votes so cast in its subordinate bodies in any other state shall 
be valid, as if cast within this state. 


Sec. 21. (8310) Societies violating this article excluded 
from state.—Any such association refusing or neglecting to make 
the report as provided in this article shall be excluded from do- 
ing business within this state. The department of trade and 
ecommerce shall within sixty days after the failure to make such 
report or in case any such society shall exceed its powers, or shall 
conduct its business fraudulently, or shall fail to comply with 
any of the provisions of this article, give notice in writing to 
the attorney general, who shall immediately commence an action 
against such society to enjoin the same from carrying on any 
business. No society so enjoined shall have authority to con-> 
tinue in business until such report shall be made, or overt act 
or violation complained of shall have been corrected, nor until 
the costs of such action be paid by it: Provided, the court shall 
find that such society was in default, as charged; whereupon the 
department of trade and commerce shall reinstate such associa- 


—231- 


tion, and not until then shall such association be allowed to again 
do business in this state. Any officer, agent or person acting for 
such association or subordinate body thereof within this state, 
while such association shall be so enjoined or prohibited from 
doing business pursuant to this article, shall be deemed guilty 
of a misdemeanor and on conviction thereof shall be punished 
by a fine of not less than twenty-five dollars nor more than two 
hundred dollars, or by imprisonment in the county jail not less 
than thirty days nor more than one year or both fine and im- 
prisonment. 


See. 22. (8811) Penalties for violation—Any person who 
shall act within this state as officer, agent or otherwise for any 
such association which shall have failed or neglected or refused 
to comply with, or which shall have violated any of. the pro- 
visions of this article or shall have failed or neglected to procure 
from the department of trade and commerce proper certificate 
of authority to transact business as provided by this article, shall 
be subject to the penalty provided in the next preceding section 
for the misdemeanor therein specified. 


Sec. 23. (3312) Penalties for fraud.—Any officer, agent or 
member of such society, who shall obtain any money or property 
belonging thereto, by any false or fraudulent representation, 
shall be fined not more than five hundred dollars and costs, and 
stand committed until such fine and costs are paid, or may be 
imprisoned in the county jail not more than six months. 


Sec. 34. (3313) Medical examination.—Every applicant for 
beneficial membership in any such society doing business in this 
state shall first be examined by a physician duly authorized to 
practice medicine within the state. Provided, however, that 
where the policy issued by such society limits the obligation of 
such society to the payment of benefits in case of death or dis- 
ability as a direct result of an accident, it shall not be necessary 
for the applicant for such beneficial membership to first be ex- 
amined by a physician. 


Sec. 25. (3314) New corporation under this article—Any 
ten or more persons, residents of this state and over twenty-one 
years of age, may associate themselves together for the purpose 
of forming a corporation under this article for which purpose 


—232— 


they shall make, sign and acknowledge, before any officer author- 
ized to take acknowledgements of deeds in this state a certificate 
of association, in which shall be stated the name or title of the 
proposed society, the object for which it was formed, the plan 
of doing business clearly and fully defined; the names of the 
board of officers or managers for the first year and the manner 
of selecting their successors. The limits as to ages of applicants 
for membership, and that medical examinations are required, and 
that bona fide applications for membership have been secured 
from not less than two hundred and fifty persons, who have 
each made application for membership in such proposed society, 
and have been duly examined and recommended by a reputable 
physician, and have each deposited with the parties asking such 
charter the sum of one advance assessment on each one thousand 
dollars of insurance or part thereof provided for in the plan of 
organization of such society as an advance assessment for mor- 
tuary purposes, together with the certificates of some solvent 
bank or banks that all of such mortuary funds are deposited 
therein, to be turned over to the treasurer of a subordinate lodge 
or branch composed of such applicants, after the incorporation 
of such society, which certificate of association shall be filed with 
the department of trade and commerce accompanied by a fee of 
twenty dollars. Provided, such new organization shall not be 
permitted to issue a certificate to exceed the sum of one thousand 
dollars until it shall have at least two thousand beneficial mem- 
bers. If the department of trade and commerce shall find, after 
careful examination, that the objects of organization and plan 
of doing business are fully and definitely set forth, and are 
clearly within the provisions of this article, and that the name 
or title is not the same, or does not so nearly resemble a title in 
use as to have a tendency to mislead the public, it shall approve 
the same, and forthwith issue a certificate of organization to such 
society. Thereupon such society may proceed to transact busi- 
ness according to the plan of its organization. 


Sec. 26. (3315) Deposit of securities—benefit funds kept 
separate.—All domestic societies, orders and associations contem- 
plated in this article may deposit their notes, bonds and seecuri- 
ties held by them, specifying at the time of such deposit to what 
funds such bonds, notes or other securities belong, with the de- 


—233- 


partment of trade and commerce for the benefit of their policy 
holders until they aggregate the sum of one hundred thousand 
dollars, and thereafter keep such amount and no more, as near 
as practicable of their securities, bonds or notes deposited with 
the department of trade and commerce and such deposits shall 
be subject to the same provisions of law as deposits made by 
other domestic companies as provided in section 13 of article IV ; 
and such societies shall make the same report to the department 
of trade and commerce of the securities held by them and of the 
conversion of any such securities as provided, in said section 
13 of article IV and shall be subject to the examination of their 
securities by the department of trade and commerce as therein 
provided: Provided, such secret societies and associations shall 
comply with all the other provisions of this article. The moneys 
collected by any such society from its members, according to 
the plan or method provided in its constitution and by-laws for 
the payment of death or disability claims arising under the terms 
of its beneficiary certificates, shall be kept separate and apart 
from the other funds of such society, and shall be used only in 
payment of such claims, and no part thereof shall be used by 
such society in payment of expenses of any kind or character. 


Sec. 27. (8816) Constitution and by-laws filed.—Every 
such society shall file with the department of trade and com- 
merce a copy of its constitution and by-laws duly certified to by 
the secretary or corresponding officer, and before any amend- 
ment, change or alteration, thereof shall take effect or be in 
force, a copy of such amendment, change or alteration, duly 
certified to by its secretary or corresponding officer, shall be filed 
with the department of trade and commerce. 


See. 28. (8317) Additional powers to fraternal societies.— 
It shall be lawful for any fraternal beneficiary society or asso- 
ciation organized under the laws of this state, and authorized 
to transact business in this state, which shall have and maintain 
fraternal relations with a like society of a similar name organ- 
ized under the laws of another state, and which such other society 
shall claim to be superior to such society organized under the 
laws of this state, to contract to and with such society organized 
under the laws of such other state according to its constitution 
and laws to guarantee the payment of death benefits of such 


—234— 


society organized under the laws of this state either in whole or 
in part and in consideration of such guaranty to pay to such 
society organized under the laws of such other state any such 
sum or sums at such time or times as may be mutually agreed 
upon, and for the purpose of providing funds wherewith to make 
such payments such society organized under the laws of this 
state may collect from its members such assessments or dues as 
may be provided by its constitution or by-laws: Provided, such 
society organized under the laws of such other state, shall, on 
or before the thirty-first day of March of each year make, execute 
and deliver to the department of trade and commerce a power 
of attorney designating such department and upon whom service 
of process may be had in any ease arising out of such contract 
between such societies. 


See. 29. (8318) Consolidation or re-insurance of fraterna! 
risk—When any fraternal beneficiary association shall propose 
to consolidate or enter into any reinsurance contract with any 
other association or organization, it shall present its proposed 
plan of consolidation or reinsurance, together with a statement 
of the condition of its affairs to the department of trade and 
commerce for its approval. Should the plan be dpproved, the 
same shall be submitted by any association proposing to reinsure 
its risks, cr transfer its business, to its local lodges or organiza- 
tions or to a regular or special meeting of its supreme lodge or 
governing body to be voted upon, such notice being given as the 
department of trade and commerce may direct. If, in the judg- 
ment of the department of trade and commerce, it is deemed 
advisable, the department of trade and commerce may require 
the plan to be in like manner submitted to the association pro- 
posing to accept to reinsure the risks of any other association. 
Jn case two or more associations propose to consolidate, the pro- 
posed plan of consolidation shall be submitted, as above provided, 
to all of the associations interested in such consolidation. In any 
of the above cases, a two-thirds vote of all members of each asso- 
ciation present and voting shall be necessary to an approval o¢ 
any plan of consolidation or reinsurance, and in no ease shall 


proxies be voted. On presenting to the department of trade and 


commerce, satisfactory proof that the foregoing provisions have 
been complied with, and that the required number of votes have 


-230— 


been cast in favor of the proposed plan, it shall issue to the as- 
sociation an order to the effect that the plan has been approved, 
and the same shall be in force and effect from and after the date 
of such order, and the department of trade and commerce shall 
direct such distribution of the assets of any such association or 
associations as shall be just and equitable. 


Sec. 30. (8319) Costs paid by associations.—A1ll expenses 
or costs incident to proceedings under the provisions of this 
article shall be paid by the associations interested. 


See. 31. (3320) Penalty.—Any officer, director or manager 
of any association violating or consenting to the violation of any 
of the provisions of this article shall be punished by a fine of not 
less than one thousand dollars, or by imprisonment in the county 
jail not less than one year or by both such fine and imprisonment 
in the discretion of the court. 


Sec. 32. (3321) Saving clause.—All actions and proceed- 
ings which may be pending in any court under existing laws 
which this article in any way supercedes or repeals shall proceed 
without being in any manner affected by the passage of this 
article. 


ARTICLE XIII. 
EMPLOYERS LIABILITY INSURANCE ASSOCIATIONS. 


Section 1. (8822) Employers mutual liability insurance— 
associations, incorporations and liability.—It is hereby enacted 
that any twenty or more employers, who have in the aggregate 
not less than five thousand employes in the state of Nebraska, 
and who have accepted the provisions of Part II of the work- 
men’s compensation law of 1913, may form an incorporated 
employer’s mutual liability insurance association for the purpose 
of insuring themselves and such other employers as may become 
subseribers to the association, against loss from the liabilities 
imposed upon such subscribers by said law, or any act or acts . 
amendatory thereof. Such incorporated employer’s mutual la- - 
bility Insurance association shall be permitted to insure their 
subseribers against loss from the liability imposed by law upon 
such subseribers for damages on account of bodily injuries or 


+236- 


death, or property damage, suffered as the result of an accident 
by any person or persons, not employed by the subscriber. 


Sec. 2. (8323) Incorporation articles—The articles of in- 
corporation thereof shall state: 


(a) The name by which the association shall be known in 
law, which name shall not be in conflict with that of any exist- 
ing association or company authorized to transact business in 
this state; 


(b) The location of its principal business office, which must 
be located within the state; 


(c) The plan of doing business, which must be fully and 
clearly defined ; 

(d) The period of time for which it is organized; 

(e) The number of its directors, trustees or managers; 

(f) The title of the officers by whom the affairs of the as- 
sociation are to be managed. | 


Sec. 3. (8324) Articles—approval—record—publication.— 
The subseribers to said articles of incorporation shall acknowl- 
edge the same before some person empowered to take acknowl- 
edgements of deeds. The articles of incorporation shall then be 
submitted to the auditor of state and attorney general. If said 
articles are found to comply with the provisions of this article, 
they shall approve the same. When said articles of incorporation 
are thus approved, they shall be recorded in the office of the 
register oi deeds in the county where such organization is located, 
and in the office of the secretary of state. A notice shall be 
published as provided for under the general incorporation law 
of the state of Nebraska, but such association shall not engage 
in business until the further provisions of this article have been 
complied with. 


Sec. 4. (3825) Prerequisites to issuing policies—Such as- 
sociation shall not begin to issue policies until the list of the 
subscribers with the number of employes of each together with 
such other information as the department of trade and commerce 
may require, shall have been filed with them, not until the presi- 
dent and secretary of the association shall have certified under 
oath that every subscription in the list so filed is genuine and 
made with an agreement of all the subscribers that they will 


—237- 


take the policies subscribed for within thirty days of the grant- 
ing of the license by the department of trade and commerce. 


See. 5. (8326) Examination—license.—Upon the filing of 
the certificate provided for in the preceding section, the depart- 
ment of trade and commerce shall make such investigation as it 
may deem proper, and if its findings warrant it, shall grant a 
license to the association to issue policies. 


See. 6. (8327) Charters — perpetual — limited.— Charters 
under this article may be perpetual, or limited in time, as the 
articles of-incorporation shall specify. | 


See. 7. (3328) By-laws—seal.—Such association shall have 
the power to make by-laws for the government of its officers and 
the conduct of its affairs and to alter and amend the same; and 
adopt a common seal, 


See. 8. (383829) Annual meeting—directors—officers, etc.— 
The annual meeting for the election of directors shall be held at 
such time in the month of January as the by-laws of the associa- 
tion may direct. Of the time and place of said meeting at least 
thirty days’ previous written or printed notice shall be given to 
the subseribers, or such notice may be given by publication not 
less than three times in at least two daily or weekly newspapers, 
published in the city or county wherein the association has its 
principal office and in the legal periodical, if any, designated by 
the rules of court of the proper county for the publication of 
legal notices. Subscribers who, during the preceding calendar 
year, have paid into the treasury of the association, premiums 
amounting to more than one-half of the total premiums received 
by it during that year shall constitute a quorum. At such an- 
nual meeting the subscribers shall elect, by ballot, from their 
own number, not less than five directors, a majority of whom 
shall be residents of this state, to serve for at least one year and 
until their successors are duly chosen: Provided, however, such 
association may provide in its by-laws for the division of its 
board of directors into two, three or four classes, and for the 
election thereof, at its annual meetings, in such manner that the 
members of one class only shall retire-and their successors be 
chosen each year. 


Vacancies may be filled by election by the board until the 


—238- 


next annual meeting. In the choice of directors and in all meet- 


ings of the associations, each subscriber shall be entitled to one 
vote for every one hundred dollars or any fraction thereof paid 
by him in premiums into the treasury of the association during 
the preceding calendar year. Subscribers may vote by proxy, 
and the record of all votes shall be made by the secretary, and 
shall show whether the same were cast in person or by proxy 
and shall be evidence of all such elections. Not less than three 
directors shall constitute a quorum. ‘The directors shall annual- 
ly choose, by ballot, a president, who shall be a member of the 
board; a secretary; a treasurer, who may also be either the presi- 
dent or secretary; and such other officers as the by-laws may 
provide; and they shall fix the salaries of the president and 
secretary, as well as the salaries or compensation of such other 
officers and agents as the by-laws prescribe. Vacancies in any 
office may be filled by the directors or by the subscribers as 
the by-laws shall prescribe. 


See. 9. (8830) Policies.—Policies of insurance iseued by 
any such association may be made either with or without the seal 
thereof, and they shall be signed by the president, or such other 
officers as may be designated by the directors for that purpose, 
and attested by the secretary. 


See. 10. (8831) Same—when not issued.—If at any time 
the number of subscribers falls below twenty or the number of 
the subscribers’ employes within the state falls below five thou- 
sand, no further policies shall be issued until the total number 
of subscribers amounts to not less than twenty, whose employes 
within the state are not less than five thousand. 


See. 11. (8332) Directors—powers—examinations—regu- 
-lations.—The board of directors shall be entitled to inspect the 
plant, workroom, shop, farm or premises of any subscriber, and 
for such purpose to appoint mspectors, who shall have free access 
to all such premises during the regular working hours, and the 
board of directors shall likewise from time to time be entitled 
to examine by their auditor or other agent, the books, records 
and payrolls of any subscriber, for the purpose of determining 
the amount of premium, chargeable to such subscriber. The 
board of directors shall make reasonable rules and regulations 
_for the prevention of injuries upon the premises of subscribers, 


| 


—239- 


and they may refuse to insure or may terminate the insurance 
of any subscriber who refuses to permit such examination or 
disregards such rules or regulations, and forfeit all premiums 
previcusly paid by him; but such termination of the insurance 
of any subscriber shall not release him from liability for the 
payment of assessments then or thereafter made by the board 
of directors to make up deficiencies existing at the termination 
of his insurance. 


Sec. 12. (33338) Subscriber’s liability—Every subscriber 
of such association shall be under a contingent mutual liability 
for the payment of losses and expenses in excess of the cash 
funds of the association to an amount equal to the premium paid 
by him during the current year. 


_See. 13. (83834) Premiums.—The board of directors shall 
determine the amount of the premiums which the subscribers 
of the association shall pay for their insurance, in accordance 
with the nature of the business in which such subscribers are 
engaged, and the probable risk of injury to their employes under 
existing conditions and they shall fix premiums at such amounts 
as in their Judgment subject to the approval of the department 
of trade and commerce, shall be sufficient to enable the associa- 
tion to pay to its subscribers all sums which may become due and 
payable to their employes under the provisions of Part II of the 
Workmen’s compensation law of 1913, and also the expense of 
conducting the business of the association., In fixing the premium 
payable by any subscriber, the board of directors may take into 
account the condition of the plant, work-room, shop, farm or 
premises. of stich subscriber in respect to the safety of those 
employed therein, as shown by the report of any inspector ap- 
pointed by such board; and they may from time to time change 
the amount of premiums payable by any of the subscribers as 
circumstances may require, and the condition of the plant, work- 
room, shop, farm or premises of such subscriber in respect to 
the safety of their employes may justify; and they may increase 
the premiums of any subscriber neglecting to provide safety de- 
vices required by law, or disobeying the rules or regulations 
made by the board of directors in accordance with the pro- 
visions of the second next preceding section. No policy of in- 


—240— 


surance issued to any subscriber shall be effective until he shall 
have paid in cash the premium so fixed and determined. 


Sec. 14. (3335) Assessments.—If the association be not 
‘possessed of cash funds, over and above its unearned premiums, 
on undetermined risks, sufficient for the payment of incurred 
losses and expenses, it shall make an assessment for the amount 
needed to pay such losses and expenses upon the subscribers 
liable to assessment therefor, in proportion to their several lia- 
bilities. | 

Sec. 15. (3336) Dividends.—The board of directors may 
from time to time fix and determine the amount to be paid as | 
dividends upon policies expiring each year, after repaying the 
unearned premiums upon undetermined risks and sufficient sums 
to. pay all the compensation then payable or which may become 
payable, on account of injuries received by employes of the sub- 
scribers, and to pay the expenses incurred in the operation of 
the business of the association. 


See. 16. (3387) Groups.—The board of directors may 
divide the subscribers into groups in accordance with the nature 
of their business and the probable risk of injury therein. In 
such ease they shall fix all premiums, make all assessments, and 
determine and pay all dividends by and for each group in ac- 
cordance with the experience thereof, but all funds of the asso- 
ciation and the contingent liabilities of all subscribers shall be 
available for the payment of any claim against the association: 
Provided, however, (as between the association and its subserib- 
ers) until the whole of the contingent liability of the members of 
any group shall be exhausted, the general fund of the association 
and the contingent liability of the members of other groups shall 
not be available for, the payment of losses and expenses incurred 
by such group in excess of the earned premiums paid by the 
members thereof. 


Sec. 17. (8338) Statement—filing—approval.—aA statement 
of any proposed premium, assessment, dividend or distribution 
of subscribers into groups shall be filed with the department of 
trade and commerce and shall not take effect until approved 
by it. 


Sec. 18. (83389) False oath—penalty.—lf any officer of the 


—241-— 


association shall falsely make oath to any certificate required 
to be filed with the department of trade and commerce, he-shall 
be guilty ef perjury. | One 
Sec. 19. (8840) Withdrawals.—Any subscriber of the as- 
sociation who has complied with all its rules and regulations, may 
withdraw therefrom by written notice to that effect, sent by such 
subseriber by registered mail to the association, and such with- 
drawal shall become effective on the first day of the month im- 
mediately following the tenth day after the receipt of such 
notice; but such withdrawal shall not release such subscriber 
from liability for the payment of assessments thereafter made 
by the board of directors to make up deficiencies existing at the 
date of his withdrawal, and such subscriber shall be entitled to 
his share of any dividends earned at the date of his withdrawal. 
Sec. 20. (8341) Deficiency.—If the department of trade 
and commerce shall find that more than fifty per centum of the 
contingent liability of all the subscribers is required to pay ac- 
cerued losses, after charging against the fund in hand the un- 
earned premiums on undetermined risks, no further insurance 
shall be issued until the subscribers have made good such de- 
ficiency. ve 
Sec. 21. (83842) Funds —investment.—Such association 
shall invest and keep invested all its funds of every description, 
excepting such cash as may be required in the transaction of its 
business as follows: | 
1. In such real estate as it is authorized to hold by the next 
following section. | 


2. In bonds of the United States or the District of Columbia 
or of any State or Territory in the United States. 


3. In the legally authorized bonds or notes of any govern- 
mental agency created by this state, or by any other state or 
territory of the United States or Canada. 


4. In the bonds or notes of any solvent railroad -corpora- 
tion upon which no default in interest has been made. 


do. In loans upon improved and unincumbered real estate. 
Provided, no loans of such real estate shall exceed sixty-six and 
two-thirds per centum of the fair market value thereof at the 
time of making such loan. 


—242- 


Sec. 22. (33438) Real estate—No such association shall 


purchase, hold or convey real estate, except for the purpose and 


in the manner herein set forth, to-wit: 


1. Such as shall be requisite for its convenient accommoda- 


tion in the transaction of its business. 


2. Such as shall have been mortgaged to it to secure loans 
previously contracted, or for moneys due. _ 


3. Such as shall have been conveyed to it in antisera 
of debts. 


4. Such as shall have been purchased at sales upon judg- 
ments, decrees or mortgages obtained or made for debts due the 
association, or for debts due other persons, where said associa- 
tion may have liens or incumbrances on the same. 


Any real estate purchased under the second, third or fourth 
paragraphs of this section, which has been held for a period of 
more than five years from the date of its purchase, shall be sold 
and disposed of within a period of six months after notice to the 
association from the department of trade and commerce to sell 
and convey the same; Provided, however, the said department of 
trade and commerce may extend the time for such disposition 
if it believes the interest of the association will suffer materially 
by a forced sale. 

Sec. 23. (38344) Investments.—Any money of such associa- 
tion, over and above the unearned premiums or undetermined 
risks, and such sums as are required to pay all accrued losses, 
may be invested in securities above enumerated, or loaned upon 
the security of the same; or in the stock or other evidence of 


indebtedness of any solvent, dividend-paying corporation, created. 


under the laws of this state, or of any other state of the United 
States or loaned upon the pledge of the same, except its own 
stock or the stock of any other insurance company; Provided, 
the current market value of such security shall be at least twenty 
per centum more than the sum loaned thereon. But no such as- 
sociation shall invest any of its funds in any unincorporated 
business or enterprise, nor in the stock or evidence of indebted- 
ness of any corporation, the owners or holders of which stoek or 
evidence of indebtedness may in any event be or become liable 
on account thereof of any assessment, except for taxes; nor more 


| 


| 


—243- 


than one-fifth of its capital shall be invested in a single mort- 
gage, nor shall any of its funds be loaned on personal security 
alone. No such association shall invest in, acquire or hold, di- 
rectly or indirectly, more than ten per centum of the securities 
of any single company, nor shall more than ten per centum of 
its assets be invested in the stock of a single company. No such 
association shall enter into an agreement to withhold from sale 
any of its property; but the disposition of its property shall be 
at all times within the control of its board of directors. If any 
investment or loan is made in a manner not authorized by this 
article the officers and directors making or authorizing the same 
shall be personally liable for any loss occasioned thereby. 


ARTICLE XIV. 
STATE HAIL INSURANCE. 


. Section 1. Zones—premiums.—The department of trade and 
ecommerce shall have general supervision and charge of hail in- 
surance and the carrying into effect of the provisions of this 
article. The department shall insure growing grain in any coun- 
ty in. the state against loss by hail upon the terms and in the 
manner hereinafter set forth, and shall prepare and furnish a 
form of hail insurance policy. All of the expense incurred under 
this article shall be audited and allowed by the department of 
finance. For the purpose of this article the State of Nebraska 
shall be divided into three zones; the first zone to consist of 
Knox, Cedar, Dixon, Antelope, Pierce, Wayne, Dakota, Thurston, 
Boone, Madison, Stanton, Cuming, Burt, Platte, Colfax, Dodge, 
Washington, Nance, Merrick, Polk, Butler, Saunders, Douglas, 
Sarpy, Hamilton, York, Seward, Lancaster, Cass, Clay, Fillmore, 
Saline, Otoe, Nuckolls, Thayer, Jefferson, Gage, Johnson, Nemaha, 
Pawnee, and Richardson counties; the second zone to consist of 
Harlan, Phelps, Gosper, Furnas, Keya Paha, Boyd, Brown, Rock, 
Holt, Blaine, Loup, Garfield, Wheeler, Custer, Valley, Greeley, 
Dawson, Buffalo, Sherman, Howard, Hall, Kearney, Adams, 
_ Franklin and Webster counties; the third zone to consist of Sioux, 
Dawes, Sheridan, Box Butte, Scotts Bluff, Banner, Kimball, Mor- 
rili, Cheyenne, Garden, Deuel, Cherry, Grant, Arthur, Keith, Per- 
kins, Chase, Dundy, Hooker, Thomas, McPherson, Logan, Lincoln, 


—244— 


Hayes, Frontier, Hitchcock and Red Willow counties. Growing 
erain may be insured against loss by hail to the amount of either 
ten ($10.00) dollars or fifteen ($15.00) dollars per acre. The 
premium tc be paid shall depend upon the amount per acre the 
growing crop is insured for and the zone in which such crop is 
located. In the first zone the premium shall be twenty-five (25) 
cents per acre for each acre insured if the amount of insurance 
is ten ($10.00) dollars per acre, and forty (40) cents per acre 
for each acre insured if the amount of insurance is fifteen ($15.00) 
dollars per acre. In the second zone the premium shall be forty 
(40) cents per acre for each acre insured if the amount of insur- 
ance is ten ($10.00) dollars per acre, and sixty (60) cents per acre 
for each acre insured if the amount of insurance is fifteen ($15.00) 
dollars per acre. In the third zone the premium shall be sixty (60) 
cents per acre for each acre insured if the amount of insurance is 
ten ($10.00) dollars per acre, and ninety (90) cents per acre for 


each acre insured if the amount of insurance is fifteen Soe 00). 


dollars per acre. 


Sec. 2. Assessor a solicitor.—It shall be and is hereby made 
the duty of each and every county, precinet, township, city and 
village assessor in the state, each within his respective district, 
at the time of listing and assessing real and personal property, 
to inquire of the person whose property is assessed, whether or 
not he desires to have his growing grain, if he owns any, insured 
against loss by hail under the provisions of this article, for the 
year in which said assessment is made. Such assessor shall at 
said time explain to said person in detail the provisions hereof 
with reference to the amount of premium, the time when 
premiums must be paid, and the manner in which losses are 
adjusted. If said person owns a growing crop, said assessor 
shall furnish him an application blank for State Hail Insurance 
and solicit him to insure his crop under the provisions hereof. 
If the person. whose property is assessed is willing and consents 
to have ail or parts of his crops insured, the assessor shall take 
his application for hail insurance on blanks furnished him ‘for 
that purpose by the county clerk, the form of which shall have 
been approved by the department. The application shall design- 
ate each piece of land to be insured. It shall also separately — 
‘state the number of acres of wheat, oats, barley, flax, corn, rye, 


—245- 


or other grain that said person desires insured. The assessor or 
county clerk may collect and retain for his services an applica- 
tion fee equivalent to one-half (44) cent per acre for each and 
every acre insured. The assessor shall forward the application 
promptly to the county clerk. No county, precinct, township, 
eily or village assessor, county treasurer, county clerk, or other 
person having duties to perform under the provisions of this 
article, shall represent or be in the employ of any person directly 
or indirectly engaged in soliciting, writing or placing any policy 
or insurance against loss by hail other than the one provided for 
herein. No person shall give, offer, or promise any money or 
any other thing of value, to any person having duties to perform 
under the provisions of this article, with intent to induce or in- 
fluence such person, not to do his full duty under the provisions 
of this article. Any person violating any of the provisions of 
this article, shall, upon conviction, be fined not less than one 
hundred ($100.00) dollars nor more than one thousand ($1,000.00) 
dollars, or be imprisoned in the county jail for not more than 
one year. 


Sec. 3. Application for insurance—duty of county clerks.— 
Each county clerk in the state shall file and keep the insurance 
applications returned to him by the several assessors. Any per- 
son who fails to insure his crop with the assessor as above de- 
scribed, may at any time up to and including the twenty-first 
day of August, apply to the county clerk of the county where 
the land is stiuated to have his crop insured, as provided in this 
article, by filling out and filing with the county clerk an applica- 
tion as prescribed in Section 2 hereof. Said insurance shall be in 
foree and effect from the time of filing the application in the 
office of the county clerk, until September 15th of the current 
year. The county clerk shall keep a record of the time of the 
filing of each application and shall immediately issue and mail 
to each applicant his policy. 

Sec. 4. Applications forwarded to department.—On the first 
of June, July and August, each and every county clerk within 
the state shall make out a list of all hail insurance applications 
filed in his office and forward the same at once to the depart- 
ment of trade and commerce, and on or before the first day of 
September in each year, each and every county clerk within the 


—246— 


state shall make out in duplicate a list of all the hail insurance 
applications filed in his office, keeping one copy for his records 
and forwarding the other copy to the department of trade and 
commerce at Lincoln, Nebraska. 


Sec. 5. Premiums assessed and collected as taxes.—The 
county board which shall make the annual tax levy shall assess, 
and the county clerk in making the county tax lists shall inelude 
as an assessment on the personal property of any person making 
an application for state hail insurance under the provisions of 
this article, the amount of the premiums due on the policy issued 
on the basis of said application, and the same shall be collected 
in the same manner as other personal taxes. The county treasurer 
shall keep a separate account of all money collected from state 
hail insurance premiums and as soon as possible shall pay same 
over to the State Treasurer, taking his receipt therefor. 


See. 6. Adjuster of losses —The county commissioner of each 
county shall at the April meeting of the board appoint one com- 
petent person who shall be a resident of the county to act as of- 
ficial adjuster of losses or damages caused by hail to any crop 
that has been insured under the provisions of this article. If the 
county commissioners fail or neglect to appoint an official ad- 
juster as herein required the department of trade and commerce 
shall appoint an official adjuster for such county and such of- 
ficial adjuster shall have all the powers and perform all the duties 
imposed upon official adjusters appointed by the county commis- 
sioners, according to the provisions of this article. The county 
clerk shall immediately after such appointment, notify the de- 
partment of the same, and no such appointment shall be effective 
unless confirmed and approved by the department. The depart- 
ment shall have power and authority to remove or discharge any 
such official adjuster for misconduct, incompetency or neglect of 
duty, and may direct such official adjuster to adjust losses or 
damages caused by hail to any crop insured under the provisions 
of this article in any county or counties in this state adjacent 
to the county in which he was appointed. The official adjuster 
shall receive as compensation for his services the sum of five 
($5.00) dollars per day and his actual and necessary expenses 
wnile engaged in the actual and necessary performance of his 
duty. The official adjuster shall adjust losses or damages caused 


—247— 


by hail to any crop that has been insured under the provisions 
of this article, and it is hereby made his duty to adjust all losses 
and damages within his county, or within any other county or 
counties adjacent to the county in which he is appointed when 
so directed by the department. If a loss is sustained the insured 
shall promptly notify the department of such loss. The depart- 
ment shall, as soon as possible after receiving the notice of loss 
direct an official adjuster to visit the place of loss and proceed 
to estimate and adjust such loss. In so doing, it shall be his duty 
to carefully inquire into the condition of the crop before the loss 
occurred, as to whether it was poor, medium or good, and if he 
deems it necessary he shall have the power to call witnesses to 
testify as 10 the condition of the crop before the same was dam- 
aged or destroyed and he shall make his estimate and adjustment 
after ascertaining the condition of the crop before and after the 
loss occurred. 


The official adjusters shall first determine the percentage of 
damage to the crop. In case of total loss if the value of the crop 
per acre be less than the amount of insurance per acre the in- 
sured shall receive the total value of the crop. In ease of partial 
loss the insured shall receive that percentage of the amount of 
insurance which the loss bears to the total value of the crop 
insured. If the value of the crop per acre exceeds the amount 
of insurance per acre the insured shall receive the percentage 
of the amount of insurance which the loss bears to the value of 
the crop, but in no case in excess of the face of the policy. 


Sec. 7. (Ch. 188, 1917) Adjustment of losses.—In case the 
party who has sustained the loss is dissatisfied with and refuses 
to accept the adjustment made by the official adjuster, then he 
shall have the right to appoint one disinterested person as ad- 
juster, and the official adjuster shall appoint another person as 
adjuster, and the two shall elect a third disinterested person, and 
the three shall then proceed to adjust the loss in the same man- 
ner as specified in section 6, and the judgment of the majority 
shall be the judgment of said adjusters and shall be binding 
upon both parties as the final determination of said loss: Pro- 
vided, however, that if the insured does not recover a greater 
sum than allowed by the official adjuster in the first instance, he 
shall pay the expenses of the said three adjusters and their wit- 


—2438— 


nesses in making said adjustment, but if he receives a larger 
sum, then the same shall be paid by the department of trade and 
ecommerce out of the hail insurance fund. 


Sec. 8. (Ch. 188, 1917) Report of adjustment.—At the final 
adjustment of each loss the adjuster shall then and there care- 
fully fill out and make a report in triplicate on an adjustment 
blank prepared for him for that purpose, stating the county, 
township and range, the number of the section and the quarter 
of the section or sub-division thereof on which the crop was 
damaged or destroyed, also the number of acres and different 
kinds of grain estimated damaged or destroyed, stating the 
amount allowed for each separately, and that such estimate is 
true and not in excess of the actual loss sustained, which said 
adjustment papers must be signed and sworn to by the official 
adjuster, or all the adjusters when arbitration is resorted to, 
acting as adjuster, and the party whose loss has been adjusted, 
with the residence and the post office address of both. The of- 
ficial adjuster shall, within a reasonable time, not to exceed five 
days, forward by registered mail said adjustment papers, the 
original to the department of trade and commerce at Lincoln, 
Nebraska, one copy to the county clerk and one copy to the in- — 
sured. 

Sec. 9. Compensation of .adjusters——The official adjuster 
shall receive as compensation for his services the amount speci- 
fied in section 6 of this article. All persons called on to assist 
in adjusting a hail loss, whether acting as adjusters or as wit- 
nesses, shall receive the sum of two ($2.00) dollars per day for 
all services so rendered. The official adjuster shall itemize said 
expense account for each loss or adjustment made, which account 
must be sworn to and forwarded to the department of trade and 
commerce, and the same shall upon being approved by the de- 
partment of trade and commerce, be paid out of the state hail — 
insurance fund, on warrants drawn by the state auditor. Pro- 
vided, however, that such adjuster or adjusters shall not be 
entitled to receive or be paid any compensation or expenses as 
herein provided, unless all adjustments by him made shall be 
reported to the department of trade and commerce, as required 
in this article, within ten days from the time such adjustment 
or adjustments were made. 


og s 


See. 10. Insurance fund—how kept.—The state treasurer 
shall keep all moneys paid by the several county treasurers from 
the collections of hail insurance in a separate fund to be desig- 
nated and known as the ‘‘hail insurance fund’’, and the treasurer 
shall pay out of said fund only upon warrants of the state auditor. 


Sec. 11. Losses in excess of income.— When the several coun- 
ty clerks of this state shall have made complete returns showing 
the number of acres insured for that year the department of 
trade and commerce shall sum up the total hail insurance fund 
for that year. When it shall have received a complete return 
from ali of the hail losses in the state as adjusted and allowed, 
it shall sum up the total of such amounts for that year. It shall 
sum up the expenses of its office as follows: 


First: The total amount allowed for adjusting losses. 


Second: The total amount estimated necessary for deputies, 
assistants, employes and clerk hire for said year. 


Third: The amount estimated necessary for books, blanks, 
stationery, postage and other expenses incident to the running 
and operating of the same for one year. The total sum of such 
expense account shall first be deducted from the total amount of 
the hail insurance receipts for that year and paid, and if the 
balance remaining is sufficient all hail losses shall be paid in full 
as allowed by the adjusters, but if the expenses and hail losses 
shall exceed the amount of hail insurance receipts for that year, 
the expenses shall be paid first and the losses shall be paid pro 
rata. If a surplus remains, it may be drawn upon to pay de- 
ficiencies in future years. 


Sec. 12. Neglect of county clerk—penalty.—Any county 
elerk who shall fail or neglect to make complete returns, state- 
ments and reports, as required in this article, to the department 
of trade and commerce as soon as possible or at the times specified 
in any section of this article, shall forfeit the sum of ten ($10.00) 
dollars per day for each day during which he neglects to make 
such statements, returns or reports to the department of trade 
and commerce, and upon complaint or notice by the state depart- 
ment of trade and commerce to the attorney general of the state, 
it shall be the duty of the attorney general to proceed to collect 
the amount of such penalty from any delinquent clerk. 


—250- 


See. 13. Report of losses—county clerk make.—When the 
department of trade and commerce has computed the whole 
year’s business, which shall be as soon as possible after the re- 
turns have come in, as indicated in section eleven hereof, it shall 
prepare and furnish to the state auditor a certified list of the 
losses arranged by counties, showing the names and addresses 
of persons who have suffered loss by hail and are entitled to 
compensation for such losses under the provisions of this article, 
the appraised losses and the amount to be paid each such per- 
son; upon receipt of this list from the department of trade and 
commerce it shall be the duty of the state auditor immediately 
to draw warrants for said amounts upon the state treasurer, the 
amounts of which shall be charged to the state hail insurance - 
fund, in favor of each person entitled thereto, and to mail such 
warrants forthwith to each person entitled thereto, as shown by 
the certified list of the department of trade and commerce afore- 
said. It shall also be the duty of the department of trade and 
commerce to mail a copy of each such list of losses and amounts 
allowed to each and every person named in such list and who 
has suffered loss by hail during the year for which such list is 
made. 

Sec. 14. Assignment or mortgage of crop.—tIn every case 
where the crops insured have been assigned the proceeds shall 
be paid to the assignee, or to the mortgagee in cases where the 
insured so directs. 


Sec. 15. General Report of insurance.—The department of 
trade and commerce shall on or about the first day of December 
in each year issue and publish in four newspapers of general cir- 
culation within the state a concise statement of the work and 
condition of the hail insurance department during the preceding 
year. It shall also make a biennial report to the legislature. 


ARTICLE XV. 


RECIPROCAL INSURANCE. 


Section 1. (Ch. 189, Laws 1917) Reciprocal insurance.— 
Individuals, partnerships, and corporations in this state hereby 
designated as subscribers, are hereby authorized to exchange 
reciprocal or inter-insurance contracts with each other or with 


—251- 


individuals, partnerships and corporations of other states and 
countries providing indemnity among themselves from any loss 
which may be insured against under other provisions of the laws 
excepting life insurance. 


Sec. 2. Agent may execute—Such contracts may be 
executed by an attorney, agent or other representative herein 
designated attorney, duly authorized and acting for such sub- 
seribers. The office or offices of such attorney may be maintained 
at such place or places as may be designated by the subscribers 
in the power of attorney. 


Sec. 3. Declarations—filing, ete.——Such subscribers so con- 
tracting among themselves, shall, through their attorney, file 
with the department of trade and commerce a declaration veri- 
fied by the oath of such attorney, or where such attorney is a 
corporation, by the oath of the chief officer thereof, setting forth: 


(a) The name or title adopted by such subscribers propos- 
ing to exchange such indemnity contracts. Such name or title 
shall not be so similar to any other name or title previously 
adopted by a similar organization or by any insurance corpora- 
tion or association as in the opinion of the department of trade 
and commerce is likely to result in confusion of deception. 


(b) The kind or kinds of insurance to be effected or ex- 
changed. 


(c) A copy of the form of policy contract or agreement 
under or by which such insurance is to be effected or exchanged. 


(d) A copy of the form of power of attorney or other 
authority cf such attorney under which such insurance is to be 
effected or exchanged. 


(e) The location of the office or offices from which such 
contracts or agreements are to be issued. 


(f) That applications have been made for indemnity upon 
at least seventy-five separate risks aggregating not less than one 
and one-half million dollars as represented by executed contracts 
or bona fide applications to become effective concurrently; or, 
in the case of Employers Liability or Compensation Insurance, 
at least seventy-five separate risks covering a total pay-roll of 
not less than one and one-half million dollars. 


—252- 


(g) . That there is on deposit with such attorney and avail- 
able for the payment of losses, a sum of not less than fifty thou- 
sand dollars, except that in case of employers lability and com- 
pensation insurance such sum shall be not less than one hundred 
thousand dollars. 


Sec. 4. _Bond—process.—Concurrently with the filing of 
the declaration provided for by the terms of section 3 hereof 
the attorney shall file with the department of trade and com- 
merce an instrument in writing executed by him for said sub- 
scribers, conditioned that upon the issuance of certificate of 
authority provided for in section 10 hereof, action may be brought 
in the county in which the property insured thereunder is situated 
and service of process may be had upon the secretary of the de- 
partment of trade and commerce in all suits in this state arising 
out of such policies, contracts or agreements, which service shall 
be valid and binding upon all subscribers exchanging at any 
time reciprocal or inter-insurance contracts through such attor- 
ney. Three copies of such process shall be served and the de- 
partment of trade and commerce shall file one copy, forward 
one copy to said attorney and return one copy with his admis- 
sion of service. Such instrument shall further provide that in all 


suits arising in this state on account of contracts issued by such 


attorney for the account of said subscribers, such action may be 
brought against such attorney as attorney in fact for all sub- 
seribers at such reciprocal or inter-insurance exchange, and the 
judgment in the action shall be a judgment against and binding 


upon each of the subscribers, as their respective interests may 


appear. 

Sec. 5. Amount of insurance limited—There shall be filed 
with the department of trade and commerce by such attorney, a 
statement under oath of such attorney showing the maximum 
amount of indemnity upon any single risk and such attorney 
shall, whenever and as often as the same shall be required, file 
with the department of trade and commerce a statement verified 
by his oath giving such information. 

Sec. 6. Reserve.—There shall at all times be maintained 
with such attorney as a reserve, a sum in cash or convertible 
securities equal to fifty per cent of the aggregate net annual 
deposits collected and credited to the accounts of the subscribers 


eB RO 
salen 


—255— 


on policies having one year or less to run and pro. rata on those — 
for longer periods plus claim and loss reserves as required for 
the same kind of insurance in other cases; or in lieu thereof. at 
the option of the attorney, one hundred per centum of the ag- 
eregate net unearned deposits collected and credited to the ac-. 
eounts of participating subscribers plus such claim and _ loss 
reserves. Net annual deposits shall be construed to mean the 
advance payments of subscribers after deducting therefrom the 
amounts specifically provided in the subscribers’ agreements for 
expenses. Said sum in reserve shall at no time be less than fifty. 
thousand dollars and in case of employers liability and com- 
pensation insurance not less than $100,000.00, and if at any time 
such reserve computed as provided herein and so collected and 
eredited shall not equal the amount hereby prescribed, then the 
subseribers or their attorney for them, shall make up any defi- 
eiency. In calculating such reserves, the amounts provided for 
in subdivision ‘‘g’’ section 3, shall be included. Provided also 
that in case of workmen’s compensation insurance the depart- 
ment of trade and commerce may require of any such attorney 
a bond or deposit of money with a bank or trust company of this 
state for the purpose of securing deferred payments or install- 
ments for compensation benefits provided for by the workmen’s 
compensation act of Nebraska. 


Sec. 7. Annual statement of business.—Such attorney shall 
within the time limited for filing the annual statement by insur- 
ance companies transacting the same kind of business, make a 
report to the department of trade and commerce for each calen- 
dar year showing the financial conditions of affairs at the office 
where such contracts were issued and shall furnish such addi- 
ticnal information and reports as may be required: Provided, 
however, that the attorney shall not be required to file the names 
and addresses of any subscribers. The business affairs, records 
and assets of such organization shall be subject to examination 
by the department of trade and commerce at the expense of the 
organization examined. e 


Sec. 8. Who may execute reciprocal policies.—Any corpora- 
tion now or hereafter organized under the laws of this state, 
shall, in addition to the rights, powers and franchises specified 
in its articles of incorporation have full power and authority to 


_254— 


exchange insurance contracts of the kind and character herein 
mentioned. The right to exchange such contracts is hereby de- 
clared to be incidental to the purposes for which such corpora- 
tions are organized and as much granted as the rights and powers 
expressly conferred. , 


Sec. 9. Violation—penalty.—Any attorney who shall ex- 
change any contracts of indemnity of the kind and character. 
specified in this article or any attorney,-agent or any person 
representing him, who shall solicit or negotiate any application 
for same without the attorney first complying with the foregoing 
provisions shall be deemed guilty of a misdemeanor and on con- 
viction thereof shall be subject to a fine of not less than one 
hundred dollars nor more than one thousand dollars. For the 
purposes of organization and upon issuance of permit by the de- 
partment of trade and commerce, powers of attorney and appli- 
cations may be solicited without license, but no attorney, agent 
or other person shall make any contracts of indemnity until he 
shall comply with the provisions of this article. 


Sec. 10. Certificate of authority—Each attorney by or 
through whom are issued any policies of or contracts for indemn- 
ity of the character referred to in this article, may procure from 
the department of trade and commerce annually a certificate of 
authority stating that all the requirements of this article have 
been complied with and upon such compliance and the payment 
of the fees and taxes required by this article, the department of 
trade and commerce shall issue such certificate. 


See. 11. Penalties.—In addition to the foregoing penalties 
and where not otherwise provided, the penalty for failure or re- 
fusal to comply with any of the terms and provisions of this 
article upon the part of the attorney shall be the refusal, sus- 
pension or revocation of certificate of authority or license by the 
department of trade and commerce and publication of his act, 
after due notice and opportunity for hearing has been given 
such attorney so that he may appear and show cause why such 
action should not be taken. 

Sec. 12. License fee—Such attorney in lieu of all taxes 
in this state shall pay to the state the sum of $20.00 as an annual 
license fee, and a tax of two (2) per cent of the gross premiums 


ee a ee i. 


—255— 


or deposits received from Nebraska subscribers during the calen- 
dar year less all amounts returned to the subscribers or credited 
to their accounts. 

Sec. 13. General insurance laws not applicable-——The mak- 
ing of contracts as hereinbefore provided for and such other 
matters as are properly incident thereto shall not be subject, 
unless specifically mentioned, to the laws of this state relating 
to insurance concerns except as provided in this article. 


ARTICLE XVI. 
BANKS. 


Section 1. (284) Department of trade and commerce— 
general control.—The department of trade and commerce shall 
have general supervision and control of banks and banking under 
the laws of this state and no person or persons shall be permitted 
to engage in or transact a banking business save corporations 


-having complied with the provisions of this article. Said depart- 


ment of trade and commerce shall succeed to all the rights, 
powers, duties and responsibilities of the state banking board 
as now existing and as such shall be entitled to all the records, 
books, files and papers thereof, and shall exercise all the powers 
and discharge all the duties of such board under the laws of this 
state. 


See. 2. (280) Banking a quasi-public business.—The busi- 
ness of banking, or the receiving of deposits of money or instru- 
ments of credit subject to be repaid upon check, draft, certificate, 
passbook or order; the discounting negotiating of promissory 
notes, drafts, bills of exchange, and other evidences of debts; and 
the loaning of money upon personal or other security is hereby 
declared to be a quasi-public business and subject to regulation 
and control by the state. — 


See. 3. (281) Unlawful banking—penalty.—It shall be un- 
lawful for any corporation, partnership, firm or individual to 
engage in or transact a banking business within this state, except 
by means of a corporation duly organized for such purpose under 
the laws of this state. It shall be unlawful for any cor- 
poration to receive money upon deposit or transact a banking 
business under the laws of this state, until said corporation shall 


RD a 


_256- 


have complied with all the provisions and requirements of this 
artidle. Any violation of the provisions of this section shall sub- 
ject the corporation, partnership, firm or individual so offending 
to a penalty of twenty-five dollars for each day of the continua- 
tion of such offense, and be cause for the appointment of a re- 
ceiver as hereinafter provided, to wind up such banking business. 
See. 4. (282) Term ‘‘bank’’ construed.—The term ‘‘bank’’ 
or ‘‘banking corporation’’ as used in this article shall be con- 
strued to mean any incorporated banking institution which shall 
have been incorporated under the laws of this state as they 
existed prior to the taking effect of this article, and such bank- 
ing institutions as shall hereafter become incorporated under 
the provisions of this article. The term ‘‘commercial bank’’ shall 
be construed to mean any such banking institution as shall be, 
in addition to the exercise of other powers, following the prac- 
tice of re-paying deposits upon check, draft or order, and of 
making commercial loans chiefly. The term ‘‘savings’’ bank 
shall be construed to mean any such banking institutions as shall, 
in addition to the exercise of other powers, follow the practice 
of re-paying deposits upon check, draft or order, and of making 
commercial loans chiefly. The term ‘‘savings’’ bank shall be 
construed to mean any such banking institution as shall, in addi- 
ticn to the exercise of other powers, follow the practice of re- 
paying deposits only upon presentation of pass books and which 
may require notice to be given by depositors before repaying 
deposits, and whose loans are chiefly made on real estate security. 
See. 5. (283) ‘‘Lawful money’’ construed.—The term 
‘awful money’’ as used in this article shall be construed: to 
mean all coin, United States notes, treasury notes, gold certificates, 
silver certificates, national bank notes, and all other forms of 
money issued by or which may hereafter be issued by or under 
the authority of the United States, as a circulating medium, and 
shall also be construed to mean any form of certificate which is 
now or may hereafter be declared to be lawful money of the 
United States. 
See. 6. . (287) Examinations—The department of trade 
and commerce, shall have power to make a thorough examination 
into all the books, papers and affairs of any corporation transact- 
ing a banking business in this state, and in so doing to administer 


—257-— 


oaths and affirmations and to examine on oath or affirmation the 
officers, agents and clerks of such corporation, touching the mat- 
ter which they may be authorized and directed to inquire into 
and examine and to summon, and by attachment compel the at- 
tendance cf any person or persons in this state to testify under 
oath in relation to the affairs of such corporation. Such bank 
examination shall be in the presence of at least two of the board 
directors of the bank undergoing said examination, and it shall 
be the duty of the examiner to incorporate in his report the 
names of the directors in whose presence the examination was 
made. 


Sec. 7. (288) Fees for examination—Every bank thus ex- 
amined shall pay to the state treasurer, within ten days after 
the compietion of such examination, the following fees, to be 
eredited to the general fund: Banks with total resonrees of 
twenty-five thousand dollars or less, a fee of fifteen dollars; 
hanks with total resources of more than twenty-five thousand 
dollars, a fee of fifteen dollars for the first twenty-five thousand 
dellars and two cents per thousand dollars for all resources in 
excess of twenty-five thousand dollars and up to five million 
dollars, and one cent per thousand dollars for all resources in 
excess of five million dollars. The department of trade and com- 
merce shall have discretionary power to determine the particular 
examinations to be made in any calendar year. 


Sec. 8. (289) Possession of bank by examining department 
or its agent.—The department of trade and commerce shall have 
authority to take possession of any bank doing business under 
the laws oi this state, and to retain possession of such bank for 
a time sufficient to make a thorough examination into its affairs 
and financial condition and if, upon such examination, it be found 
that said bank is insolvent, or is conducting its business in an 
unsafe or unauthorized manner, or is endangering the interests 
of its depositors, then said department shall have full power and 
authority to immediately take possession of said bank and re- 
tain possession of all money, rights, credits, assets and property 
of every description belonging to such bank, as against any 
mesne or final process issued by any court against such bank or 
corporation whose property has been taken, until a receiver can 
he.appointed as hereinafter provided. Whenever the officers, 


ae eae A ee eee 


—258—- 


steekholders or owners of any insolvent bank shall give good 
ard sufficient bond running to the State of Nebraska, with an 
incorporated surety company authorized by the laws of this state 
to transact such business, conditioned upon the full s-ttlement 
of all the liabilities of such bank by such officers, stockholders 
or owners within a stated time, and said bond shall have been 
approved by the department of trade and commeree, then the 
department shall turn over all the assets of such bank to the 
officers, stockholders or owners of such bank furnishing the said 
bond, reserving the same rights to require report of the condi- 
tion and to examine into the affairs of the said bank as existed 
in said department previous to its closing, and if, upon such ex- 
amination, it be found by said department that said stockholders 
or owners are not closing up the affairs of said bank in such 
manner as to liquidate the liabilities of the bank and close up 
the affairs of said bank in a manner satisfactory to the depart- 
ment, within a reasonable time, the department shall take im- 
mediate possession of said bank and have a receiver appointed 
as hereinafter provided. 


Sec. 9. (290) Charter.—No person or corporation sha!] con- 
duet a bank or engage in or transact a banking business in this 
state without having first obtained a charter from the depart- 
ment of trade and commerce in the manner hereinafter provided. 


Sec. 10. (291) Directors—qualifications—A majority of 
the members of the board of directors of any banking corpora- 
tion transacting business under the provisions of this article 
shall be residents of the county wherein such bank is located, 
or of the counties immediately adjacent thereto, and every di- 
rector of a commercial bank having a eapital of fifty thousand 
dollars or tess must be the owner of at least four per cent of.the © 
p2id-up capital stock in his own name and right, and of a com- 
mercial bank with a capital of more than fifty thousand dollars 
every director shall own and hold in his own name and right 
net less than three thousand dollars of paid-up capital stock. 
The ownership of five shares of the capital stock of a savings 
hank shall qualify the owner to be elected as a director of such 
bank. 

Sec. 11. (292) Capital stock—amount.—A charter for a — 
commercial bank shall not issue unless the corporation applying | 


—259-— 


therefor shall have a paid-up capital stock as follows: In any 
ease not less than ten thousand dollars; where a bank is located 
in a village of more than one hundred and less than five hundred 
inhabitants, not less than fifteen thousand dollars; in villages of 
five hundred or more, and less than one thousand inhabitants, 
not less than twenty thousand dollars; in cities or villages of 
one thousend or more, and less than two thousand inhabitants, 
not less than twenty-five thousand dollars; in cities or villages 
of two thousand or more, and less than five thousand inhabitants, 
net less than thirty-five thousand dollars; in cities of five thou- 
sand or more, and less than twenty-five thousand inhabitants, 
not less than fifty thousand dollars; in cities of twenty-five thou- 
sand or more, and less than one hundred thousand inhabitants, 
not less than one hundred thousand dollars; in cities of one hun- 
dred thousand or more inhabitants, not less than two hundred 
thousand dollars. 


Sec. 12. Minimum paid up capital stock of savings banks.— 
The minimum paid-up capital of a savings bank shall be fifteen 
thousand dollars. Where a savings bank is located in a city of 
more than fifty thousand and less than one hundred thousand 
inhabitants, the paid-up capital shall be not less than thirty-five 
thousand dollars. In cities of one hundred thousand or more 
inhabitants, the paid-up capital of savings banks shall be not . 
less than seventy-five thousand dollars. Such paid-up eapital, 
including the initial and subsequent payments, shall consist at 
the time, of lawful money, credit with depository banks, to be 
approved by the department, national, state, county or muni- 
cipal bonds, bank furniture and the necessary bank building, 
and the lot or lots upon which such building is situated, which 
said lot or lots shall be free from incumbrance. National, state, 
county and municipal bonds shall not constitute in the aggre- 
gate more than one-half, nor the bank building and the lot or 
lots upon which it is situated together with the bank furniture 
and fixtures more than one-third of the paid-up capital, nor 
shall such furniture and fixtures constitute more than one-third 
of the paid-up capital, nor shall such furniture and fixtures con- 
stitute more than one-tenth thereof. 


See. 13. (Ch. 165, R. S. 1917) Capital stock—sale above 
par—when.—No person shall bid or solicit for the purchase of 


Se bis 


bank stock above par either in person or by mail until the cor- 
poration whose stock is offered, is organized according to law 
and is engaged in actual banking business, and any person who 
shall be found guilty of violating the provisions of this section 
shall be fined in any sum not exceeding three hundred ($300.00) 
dollars and be imprisoned in the county jail not to exceed 90 
days and shall stand committed to the county jail until said 
fine and the costs of prosecution are paid. | 


See. 14. (298) Report—certificate—Every corporation or- 
ganized for transacting a banking business under the laws of 
this state which has not been granted the certificate provided 
for in this section prior to the 4th day of April, 1919, shall, not 
less than thirty days before it shall have been open for business 
for a period of two years, either under the laws of this state or 
of the United States, file with the department of trade and com- 
merce a full, complete and detailed report of its condition, and 
the department, upon examination of the report and approval 
of the same, if satisfied that such corporation has complied with 
the requirements of this article, and has been conducting a bank- 
ing business in compliance with the laws of this state and in ac- 
cordance with the rules of the department, or with the laws of 
the United States and the rules thereof for a period of two years, 
shall issue to said banking corporation a certificate stating that 
said banking corporation has complied with the laws of this 
state for the protection of bank depositors, and that its depositors 
are protected by the depositors’ guarantee fund of the State of 
Nebraska. Every banking corporation receiving such certificate 
shall conspicuously display the same in its place of business and 
said banking corporation may print or engrave upon its station- 
ery words to the effect that its depositors are protected by the 
depositors’ guarantee fund of the State of Nebraska. The print- 
ing or engraving by any bank of a false statement advertising 
such guarantee is hereby declared to be a violation of the pro- 
visions of this article. 


Sec. 15. (294) Preliminary statement.—Every corporation 
organized for and desiring to transact a banking business shall 
before commencing such business, make, under oath, and trans- 
mit to the department of trade and commerce complete a detailed 
statement of: : 


—261-— 


First—The name of the proposed bank; ; 
Second—A certified copy of the articles of incorporation ; 
Third—The names of the stockholders; 


Fourth—The county, city | or village in which the said pro- 
posed bank is located; 


Fifth—The nature of proposed banking business, whether 
commercial or savings; 


Sixth—The amount of paid-up capital stock, and the items 
of money and property included in said amount. 


Sec. 16. (295), Certificate and charter—fees.— Whenever, 
after the examination and approval by the department of trade 
and commerce, of the statement provided for in the next preced- 
ing section, the corporation shall file with the department, the 
oath of the president, or cashier, that the capital stock has been 
paid in as provided for, and in compliance with section 11 of 
this article, then if the department upon investigation, shall be 
satisfied that the parties requesting said charter are parties of 
integrity and responsibility, the department shall, upon the pay- 
ment of certain fees as hereinafter provided, issue to said cor- 
poration the certificate provided for in section 14 and a charter 
to transact the business provided for in its articles of incorpora- 
tion. The fees for such charters to engage in the business of 
_ banking shall be as follows. For banks having a capital of 
twenty-five thousand dollars or less, the fee shall be twenty-five 
dollars; for banks having a capital of twenty-five thousand dol- 
lars up to and including fifty thousand dollars, the fee shall be 
twenty-five dollars, and fifty cents for each additional thousand 
above twenty-five thousand dollars; for banks having a capital 
in excess of fifty thousand dollars the fee shall be thirty-seven and 
fifty-one hundredths dollars, and twenty-five cents for each ad- 
ditional thousand above fifty thousand dollars. The above fees 
shall be paid to the department of trade and commerce and by 
- them paid to the state treasurer who shall place the same in the 
general fund of the state. On payment of the required fees and 
the receipt of the charter the proposed bank may begin to trans- 
act a banking business. 

Sec. 17. (296) Reports.—Every corporation transacting a 
banking business hereunder shall make to the department of 


—262- 


trade and commerce not less than four reports during each year 
according to the form which may be prescribed by said depart- 
ment, which reports shall be verified by the oath or affirmation 
of the president, vice-president or cashier, and in addition two 
of the board of directors. But the officer administering the oath 
or affirmation to the person verifying-such report shall be in no 
way interested in such bank as an officer, director or stockholder. 

Sec. 18. (297) Same—contents—publication.—The reports 
provided for in section 17 of this article shall state the amount 
loaned upon bonds and mortgages; the amount loaned upon notes, 
bills of exchange, over-drafts and other personal securities, 
with the actual market value of such securities; the amount of 
rediscounts and of commercial paper past due; the amount in- 
vested in real estate, giving the cost of the same; the amount of 
cash on hand and on deposit in banks or trust companies, with 
their names and the amount deposited in each; the amount 
of all other assets not enumerated above, and such other in- 
formation as the department of trade and commerce may 
require: Provided, commercial paper not in process of ecol- 
lection, six months past due, and demand paper carried one 
year with interest unpaid, shall not be ineluded in the re- 
port of the assets of such corporation. Each report shall 
state such resources and liabilities at the close of business on 
any past day by the department of trade and commerce specified 
and shall be transmitted to said department within five days 
afier the receipt of a request or requisition therefor. A summary 
of such report in the form prescribed by the department of com- 
merce shall be published in the place where such banking business 
is transacted, or if there is no newspaper in the place, then in 
one published in the same county, at the expense of such bank. 
Proof of such publication shall be transmitted to the department 
within twenty days from the date fixed for such report. 

See. 19. (298) Special reports.—Any corporation transact- 
ing a banking business under this article shall be required to 
furnish such special reports as may be required from the depart- 
ment of trade and commerce to enable such department to obtain 
full and complete knowledge of the condition of such corporation. 

Sec. 20. (299) Failing to report—banking without charter. 
—Any corporation, that shall fail, neglect or refuse to make or 


—263-— 


furnish any report, or any published statement required by the 
provisions of this article, or that shall transact a banking busi- 
ness without having first obtained a charter therefor and the 
certificate provided for in section 14 of this article, in accordance 
with the provisions of this article, shall be subject to a fine or 
penalty of fifty dollars per day for each day after the time named 
for said report or statement-to be made that it delays to make 
and transmit such report or statement to the department of trade 
and commerce; and for each day on which any such corporation 
shall be engaged in transacting a banking business in violation 
of the provisions of this article. The fine or penalty herein pro-+ 
vided for shall be recovered by the state, in a civil action in any 
ecurt of sompetent jurisdiction, and it is hereby made the duty 
of the attorney general to enforce the fine or penalty herein 
provided. : 


Sec. 21. (300) False entry or statement—penalty.—Any 
person who shall wilfully and knowingly subscribe to, or make, 
or cause to be made, any false statement or false entry in the 
books of any corporation transacting a banking business under 
this article, or shall knowingly subscribe to or exhibit false 
papers, with the intent to deceive any person or persons author- 
ized to examine into the affairs of any such corporation, or shall 
make, state or publish any false statement of the amount of the 
assets or liabilities of any such corporation, shall be deemed 
guilty of a felony and upon conviction thereof, shall be imprisoned 
in the state penitentiary not less than one year nor more than 
ten years. | 


Sec. 22. (801) Reserves.—Savines banks shall maintain a 
cash reserve, in available funds, of at least five per cent of their 
deposits. Other banks, in cities having a population of twenty- 
five thousand, shall maintain a reserve, in available funds, of 
at least twenty per cent of their deposits, two-fifths of which 
shall be in cash in the bank. Outside of such cities, such banks 
shall maintain a reserve of at least fifteen per cent of their de- 
posits, one-third of which shall be cash in the bank. No portion 
of the reserve, not required to be in cash, shall be kept except in 
a depository approved by the department. Two-fifths of the 
cash reserve may be carried in Liberty or other United States 
Government Bonds, at their market value. 


—264— 


Sec. 28. (802) Available funds.—The available funds shall 
consist of cash on hand and balances due from other solvent 
banks. Cash shall include lawful money of the United States, 
and exchange for any clearing house association. Whenever the 
available funds of any bank shall fall below the reserve herein 
required, such bank shall not make any new loans or discount 
otherwise than by discounting or purchasing bills of exchange 
payable at sight; nor shall such bank make any dividends of its 
profits until it has on hand the available funds required by this 
article. The department of trade and commerce may notify any 
-bank, in case its reserve shall fall below the amount required, 
or its capital is impaired to make good such reserve or capital 
within such time as the department of trade and commerce may 
direct, and any failure of such bank to make good any deficiency 
in the amount of its reserve or its capital, within the time di- 
rected, shall be cause for the appointment of a receiver as here- 
inafter provided. | . 


See. 24. (803) Re-discounts—bills payable—loans.—The 
aggregate amount of the rediscounts and bills payable of any 
corporation transacting a banking business in this state shall 
at no time exceed the amount of its paid up capital and surplus, 
except for the payment of its depositors, nor shall any bank other 
than savings banks at any time permit its loans and investments, 
exclusive of its reserve and banking house and fixtures, to exceed 
in the aggregate fifteen times the amount of its capital and sur- 
plus. Any state bank becoming a member of the Federal Reserve 
System may, however, have the same privileges as to rediscounts 
and bills payable with Federal Reserve banks and may incur 
habilities to such banks to the same extent as national banks. 


Sec. 25. (304) Stock—purchase—loans on.—No corpora- 
tion transacting a banking business shall make any loan or dis- 
count on the security of the shares of its own capital stock, nor 
be the purchaser or holder of any such shares, or the shares of 
any corporation, unless such security or purchase shall be neces- 
sary to prevent loss upon a debt. previously contracted in good 
faith; and such stock so purchased or acquired shall, within six 
months from the time of its purchase be sold or disposed of at 
public or private sale; or in default thereof, a receiver may be 
appointed to close up the business of the bank: Provided, in 


—265-— 


no case shall the amount of stock so held exceed ten per cent of 
the paid-up capital of such bank. 


See. 26. (805) Board of directors.—The affairs and busi- 
ness of any banking corporation transacting business under the 
laws of this state shall be managed or controlled by a board of 
directors of not less than three and not more than fifteen mem- 
bers who shall be selected from the stock-holders, at such time 
and in such manner as may be provided by the articles of incor- 
poration of the corporation and in conformity with the provisions 
of this article. The board shall select from among its number 
the president and secretary, and shall select a cashier. Such 
officers shall hold their office for a term of one year and until 
their successors are elected and qualified. The board of directors 
shall have power to require the cashier and any or all its officers 
having care of the funds of the bank, to give good and sufficient 
bond, which bond shall run to the banking corporation, to be 
approved by the board of directors and held by the state banking 
board. The board of directors shall hold at least two regular 
meetings each year, and at such meetings a thorough examination 
of the books, records, funds and securities held by the bank 
shall be made and recorded in detail upon its record book, and: 
a certified copy thereof shall be forwarded to the department 
of trade and commerce within ten days. 


See. 27. (806) Interest on deposits.—No banking corpora- 
tion transacting a banking business under this article shall pay 
interest on deposits directly or indirectly at a greater rate than 
five per cent per annum. Any officer, director or employee of a 
bank violating the provisions of this section directly or indirectly, 
shall be deemed guilty of a felony and on conviction thereof shall 
be punished by a fine of not less than one hundred dollars nor 
more than five hundred dollars, or by impris6nment in the state 
penitentiary not exceeding three years, or both. 

See. 28. (807) Dividends — surplus.—Any corporation 
transacting a banking business under this article may semi-an- 
nually declare a dividend of so much of the net profits as it may 
deem expedient, but such corporation shall, before the declara- 
‘tion of a dividend, carry one-fifth part of its net profits to its 
surplus fund, until the same shall amount to twenty per centum 
of its paid-up capital stock. 


—266— 


Sec. 29. (308) Real estate—Any corporation transacting 
a banking business under this article may purchase, hold and 
convey real estate for the following purposes only: 


1. Such as is necessary for the convenient transaction of 
its business, not exceeding in value one-half of the paid-up 
capital ; 

2. Such as shall be conveyed to it for debts due the bank; 
- and, 


3. Such as it shall purchase at sale under judgments or 
decrees upon its securities, but the bank at such sale shall not 
bid a larger amount than required to satisfy such judgments or 
decrees with costs. Real estate acquired in satisfaction of debts 
or at a sale upon Judgments or decrees shall be sold at private 
or public sale within five years. The total amount of real estate 
held by any bank for any purpose shall not, at any one time, 
exceed seventy-five per cent of its paid-up capital. Savings banks 
shall not be subject to the provisions of this section. | 


Sec. 30. (809) Receiving deposits when insolvent.—No cor- 
poration transacting a banking business under this article shall 
accept or receive on deposit for any purpose any money, bank 
bills, United States treasury notes or currency, or other notes, 
bills, checks, drafts, credits or currency, when such corporation 
is insolvent, and if any corporation transacting a banking: busi- 
ness under this article shall receive or accept on deposit any 
such deposits when said corporation is insolvent, the officer, agent 
or employee knowingly receiving or accepting or being accessory 
to, or permitting or conniving at the receiving or accepting on 
deposit therein or thereby, any such deposit as aforesaid, shall be 
gsuilty of a felony, and upon conviction thereof shall be punished 
by imprisonment in the penitentiary not less than one year nor 
‘more than ten years. 


Sec. 31. (810) Name.—lIt shall be unlawful for two or 
more banks, transacting a banking business in the same ecity or 
village in this state to have or use the same name, or names. so 
nearly alike as to cause confusion in transacting business, and 
in all cases where such similarity of names now exists, or may 
hereafter exist, complaint may be made to the department of 
trade and commerce, and if, in the judgment of said department, 


Ee ee, 
ee C : 


—267— 


such a similarity does exist, and does create confusion in con- 
ducting the business of either or both of said banks, then said 
department may require the junior bank Jin time of organization 
to so change or modify its name as to prevent such confusion, 
and the change of name so made shall be approved by said de- 
partment. 


See. 32. (811) Loans to officers and employees forbidden. 
—No officer other than a director, who is not an officer, and no 
employee of any corporation transacting a banking business, 
under this article shall be permitted to borrow any of the funds 
of the bank, directly or indirectly, and no director of a bank 
shall be permitted to borrow any of the funds of the bank with- 
out first having secured the approval of the board of directors 
at a meeting thereof, the record of which shall be made and kept 
as part of the records of said bank. Any officer, director or em- 
ployee of a corporation transacting a banking business under 
this article, who shall violate the provisions of this section or 
who shall aid, abet or assist in a violation thereof, shall be deemed 
cuilty of a felony, and on conviction thereof, shall be punished 
by a fine not exceeding one thousand dollars or imprisonment in 
the penitentiary not to exceed five years, or both. 


See. 33. (312) Amount of loan.—No corporation transact- 
ing a banking business in this state shall directly or indirectly 
loan to any single corporation, firm or individual, including in 
such loans all loans made to the several members or shareholders, 
of such firm or corporation, for the use and benefit of: such firm, 
corporation or individual, more than twenty per cent of the paid- 
up capital and surplus of such bank, but the discounting of bills 
of exchange, drawn in good faith, against actually existing values, 
and the discount of commercial paper actually owned by the 
persons negotiating the same, shall not be considered as money 
borrowed and in no ease shall the total liabilities of the several 
stockholders of any bank to such bank exceed fifty per cent of 
the paid-up capital and surplus of such bank. Any officer, di- 
rector, or employee of any corporation transacting a banking 
brisiness under the laws of this state, who shall violate, or know- 
ingly permit a violation of the provisions of this section, upon 
conviction thereof, shall be punished by a fine not exceeding five 
hundred dollars. The provisions of this section shall not apply 


—268— 


to the securities of savings banks enumerated in the third follow- 
ing section of this article. 

Sec. 34. (313) Capital not impaired—change in capital 
stock.—No corporation transacting a banking business under 
this article shall withdraw, or permit to be withdrawn, either 
in the form of dividends or otherwise, any part of its capital. If 
losses have at any time been sustained, equal to or exceeding the 
undivided profits on hand, no dividend shall be made; and no 
dividend shall be made by any bank transacting a banking busi- 
ness under the laws of this state, to an amount greater than the 
net profits on hand, less the losses and bad debts. The capital 
stock may be increased or decreased, in the manner following: 


1. The stockholders at any regular meeting or at any special 
meeting duly called for such purpose shall by a vote of those 
owning two-thirds of the capital stock, authorize the president 
or cashier to notify the department of trade and commerce of 
the proposed reduction or increase of capital and a notice con- 
taining a statement of the amount of such proposed reduction or 
increase of capital shall be published for four weeks in some 
newspaper published and of general circulation in the county 
where such bank is located. Reduction of capital shall be dis- 
eretionary with the department of trade and commerce but shall 
be denied if granting the same would reduce the capital below 
the requirements of this article or would impair the security of 
the depositors. No increase shall be authorized until a statement 
sworn to by the president or cashier shall have been filed with 
the department, that the proposed increase of capital has been 
paid in. 

2. Whenever any banking corporation shall desire to go 
into voluntary liquidation it shall first obtain the written con- 
sent of the department of trade and commerce, which may, be- 
fore granting such request, order a special examination made of 
the affairs of such bank, for which the same fees may be collected 
as in regular examination. 

See. 35. (814) Stockholder’s liability —Every stockholder 
in a banking corporation shall be individually liable to its eredit- 
ors, over and above the amount of stoek by him held, to an 
amount equal to his respective stock or shares so held, for all 
its liabilities accruing while he remains such stockholder. In 


—269- 


ease any stockholder shall sell, transfer or dispose of such stock, 
knowing that such bank is insolvent, he shall be deemed the 
owner of such stock, and liable thereon the same as if such stock 
had not been sold, transferred or disposed of; and such liability 
may be enforced whenever such banking corporation shall be 
adjudged insolvent without regard to the probability of the 
assets of such insolvent bank being sufficient to pay all of its 
liabilities. 

Sec. 36. (815) Savings banks — powers — deposits.—Any 
savings bank may receive deposits from the general public, which 
shall be paid to depositors, or their lawful representatives, when 
required, and at such time and with such interest and under such 
regulations as shall be prescribed by said bank and approved 
by the department of trade and commerce. The regulations shall 
be printed and conspicuously posted in the business office of said 
bank. The loanable funds of any savings bank, except the re- 
serve provided for in this article, shall be held as cash deposited 
in solvent banks, or shall be-invested in bonds of the United 
States, or of any state of the United States, in the public debt 
or bonds of any city, county, township, village or school district 
of any state of the United States, in other bonds of known mar- 
ketable value or be loaned on negotiable paper, secured by any 
of the above mentioned classes of security, or other collateral 
of known marketable value, or upon notes or bonds secured by 
mortgage lien upon unencumbered real estate. Second mortgage 
loans may be made on improved farm lands, but no loans shall 
be made on such improved farm lands, or other real estate which, 
including the aggregate amount of incumbrance thereon shall 
exceed fifty per cent of the cash value thereof. Chattel mort- 
gages shall not be accepted as collateral security by savings 
banks. 


Sec. 37. (316) Pass books—rules and regulations.—A pass 
book shall be issued to each depositor in a savings bank for all 
money deposited on an open account. Such pass book shall con- 
tain the rules and regulations adopted by such savings bank gov- 
erning such deposits. In such pass books shall be entered each 
deposit made by, and each payment made to, such depositor, and 
no deposit shall be received nor payment made unless entered in 
the pass book at the time such transaction is had. Savings banks 


SAP in ee aaa 


—270- 


may also issue certificates for deposit. When any deposit is made 
by a minor, the bank may pay to such minor such sums as may 
be due to him or her and the receipt of such minor shall be valid. 


Sec. 38. (817) List of stockholders kept for inspection.— 
The president and cashier, or the business manager, of every 
banking corporation shall cause to be kept at all times a full 
and correct list of the names and residences of all its stockhold- | 
ers, the number of shares held by each, and the amount of paid-up 
capital represented thereby. Such list shall be subject to the in- 
spection of all stockholders and creditors of the bank, during 
all business hours, and shall be kept in the business office where 
all stockholders and creditors may have ready access to it. Any 
violation of this section shall be punishable by a fine of not less 
than two hundred ($200.00) dollars, or imprisonment in the 
county jail not less than thirty nor more than sixty days, or both. 

See. 39. (818) Certification of checks.—No officer or em- 
ployee of any bank shall certify any check drawn upon such 
bank, unless the person, firm or corporation drawing the check 
has on deposit with the bank at the time such check is certified, 
an amount of credit on the depositors’ ledger of such bank sub- 
ject to the payment of such check equal to the amount specified 
in such check; but the amount of such check shall not be re- 
eoverable from the payee or holder except in case of fraud. When- 
ever a check drawn upon any bank is certified by any officer or 
employee of such bank, the amount thereof shall be immediately 
charged against the account of the person, firm or corporation 
drawing the same. 
| Sec, 40. (819) Improper loan—officer personally liable.— 
Any officer or employee of any bank who shall wilfully and know- 
ingly violate any of the provisions of sections 32 and 33 of this 
article shall be liable under his bond for any loss to the bank 
resulting therefrom. 

Sec. 41. (820) Consolidation with other banks.—Any bank, 
which is in good faith winding up its business for the purpose 
of consolidating with some other bank, may transfer its resources © 
and liabilities to the bank with which it is in process of con- 
solidation but no consolidation shall be made without the consent 
of the department of trade and commerce, nor shall such econ- 
solidation operate to defeat the claim of any director or hinder 


. 
2 
- 


eA FO Sa eee ee eee eee, eS eee 


ea VS 


‘ 


Sole Taal 


\ 271 


an creditor in the collection of his debt against such banks or 
either of them. 

See. 42. (321) Voluntary liquidation—Any bank may 
voluntarily liquidate by paying off all its depositors in full, and 
by paying to the State Treasurer all the moneys held by such 
bank as its quota of the guarantee fund. The bank so liquidat- 
ing shall file a certified statement with the department setting 
forth the fact that all its liabilities have been paid and surrender 
its certificate of authority to transact a banking business. The 
department shall cause an examination to be made of any such 
bank for the purpose of determining that all of its liabilities, 
except liabilities to stockholders, have been paid. Upon such 
examination, if it appears that all liabilities other than liabilities 
to stockholders have been paid, and that the full quota of the 
guarantee fund has been paid to the State Treasurer, the bank 
shall cease to be subject to the provisions of this article, and the 
entire quota of the guarantee fund paid in by such liquidating 
bank shall become a part of the special reserve for the depositors’ 
guarantee fund, as hereinafter provided. The Special reserve of 
the depositors guarantee fund shall be held by the State Treas- 
urer and shall by him be invested in bonds of the United States, 
bonds of any state of the United States, or municipal bonds of 
any municipality in the State of Nebraska, or bonds of Federal 
Land Banks and the interest derived from any such investment 
shall be added to said special reserve from time to time. The 
State Treasurer shall report annually on the Ist day of January 
to the department the amounts so received and how invested. 
The special reserve of the depositors’ guarantee fund shall not 
be drawn against or used except in case the depositors’ guarantee 
fund shall become depleted, but shall be drawn against and used 
in whole or in part to satisfy any obligations of the depositors’ © 
guarantee fund before any special assessment as provided in 
Section 48 of this article shall be levied or collected. Payments 
from the special reserve of the depositors’ guarantee fund shall 
be made by the State Treasurer upon orders from the department, 
and the State Treasurer shall convert the investments of the 
special reserve of the depositors’ guarantee fund into money, or. 
such portion thereof as may be necessary, to satisfy the claims 
thereof for the payment of deposits in failed banks after apply- 


—272- 


ing the entire depositors’ guarantee fund then available but be- 
fore the levying of special assessments under Section 48 of this 
article. If two or more banks consolidate and in the consolida- 
tion unite their quotas of depositors’ guarantee fund, the bank 
surrendering its charter to effect such consolidation shall not be 
required to pay its quota to the State Treasurer nor to contribute 
to the special reserve for the depositors’ guarantee fund. 


Sec. 43. (822) Insolvent bank—post notice on door.—Any 
bank may place its affairs and assets under the control of the 
department of trade and commerce by posting on its door the 
following notice: ‘‘This bank is in the hands of the department 
of trade and commerce.’’ The posting of such notice, or the 
taking possession of any bank by the department of trade and 
ecommerce or by any bank examiner, shall be sufficient to place all 
of its assets of whatever nature immediately in the possession of 
the department of trade and commerce and shall operate as a 
bar to the levying of attachments or executions thereof, and 
shall operate to dissolve and release any attachments levied 
thereon within thirty days next preceding such action. 


Sec. 44. (323) Guarantee fund.—For the purpose of pro- 
viding a guarantee fund for the protection of depositors in banks, 
every corporation engaged in the business of banking under the 
laws of this state, shall be subject to assessment to be levied, 
kept, collected and applied as hereinafter provided. 


See. 45. (324) Same—assessment.—On the first day of 
June and December of each year every corporation engaged in 
banking under the provisions of this article shall make and file 
with the department of trade and commerce a statement in writ-- 
ing verified by the oath of its president, vice-president or cashier, 
showing the average daily deposits in its bank for the preceding 
six months exclusive of public money other-wise secured. Any 
bank commencing business and receiving deposits less than six 
months prior to the date when the statement referred to in this 
section is required to be made and filed, shall show the average 
daily deposits for that portion of the said semi-annual period 
during which it has been engaged in business and receiving de- 
posits. Any person making oath to any of the statements herein 
required, knowing the same to be false, shall be deemed guilty 
of a felony, and be punished by a fine of not less than one hun- 


\ 
\ 


\ 
\ 


\ Bis 


dred \nor more than one thousand dollars, or be imprisoned in 
the penitentiary for a term of not less than one nor more than 
five years, or both. 


See. 46. (325) New banks—depositors’ fund.—Any bank 
organized subsequent to-the 4th day of April, 1919, shall, within 
two (2) years after it shall have been opened for business, whether 
under the laws of this state or the laws of the United States, pay 
into the depositors’ guarantee fund not less than one per cent of 
the said bank’s average daily deposits as shown by the last two 
semi-annual statements required by the next preceding section. 
When any bank hereafter organized shall acquire the business 
and resources of any national banking association, such bank 
shall pay into the depositors’ guarantee fund not less than one 
per cent of said national banking association’s average daily 
deposits as shown by the report to the comptroller of the cur- 
rency for the preceding year. Such payment shall not be re- 
quired of new banks formed by the reorganization or consolida- 
tion of banks which have, prior thereto, complied with the law 
with reference to the paymtnt of assessments. Provided, the 
contributions to the depositors’ guarantee fund from any bank 
which received its charter prior to the taking effect of this article 
shall be as provided by law at the time such charter was granted. 
On the first day of July and January of each year the depart- 
ment shall levy on all banks then engaged in banking under this 
article, which have completed their initial payment as provided 
in this section, one-twentieth of one per cent of the average daily 
deposits as shown by the statements required to be made and 
filed next preceding such assessments. 


Sec. 47. (826) Assessment—levy—notificationAs soon 
as said assessments are respectively levied, the banking corpora- 
tions against which the same are levied, shall be notified of the 
amount of such assessment levied against them respectively, by 
the department of trade and commerce and said .banking cor- 
- porations shall thereupon set apart, keep and maintain in their 
said banks the amount thus levied against them and the amounts 
thus levied, kept and maintained shall be and constitute what 
shall be designated as a depositors’ guarantee fund, payable to 
the department of trade and commerce on demand for the uses 
and purposes hereinafter provided. When the depositors’ guar- 


—274— 


antee fund reaches the total sum of one. and one-half per cent 
of the average daily deposits, said assessments against the de- 
posits of said banks shall cease until such time as the guarantee 


fund is depleted below one per cent of the average daily deposits, . 


when the necessary assessments may again be levied. No bank 
which has complied in full with all of the provisions of this 


article shall be required to give any further security or bond for 


the purpose of becoming a depository for any public funds, but 
depository funds shall be secured in the Same manner that priv- 
ate funds are secured. 


See. 48. (827) Special dssessment.—lIf{ the depositors’ guar- 
antee fund shall, from any cause be depleted or reduced to an 
amount less than one per cent. of the average daily deposits as 
shown by the last semi-annual assessment statements thereof filed, 
the department of trade and commerce shall levy a special as- 
sessment against the capital stock of the corporations governed 
by the provisions of this article, to cover such deficiency, which 
special assessment shall be based on the said ‘average daily de- 
posits, and, when required for the purpose of immediate payment 
to depositors, said special assessment may be for any amount not 
exceeding one per cent. of said average daily deposits in any 
one year. 


Sec. 49. (328) Receivership.—Whenever it shall appear to 
the department of trade and commerce from any examination 
or report provided for by this article, that the capital of any 
corporation transacting a banking business under this article is 
impaired, that such corporation is conducting its business in an 
unsafe or unauthorized manner, or is endangering the interests 
of its depositors, or upon the failure of such corporation to make 
any of the reports or statements required by the provisions of 
this article or to comply with all of its provisions, the depart- 
ment of trade and commerce shall communicate the facts to the 
attorney general, who shall thereupon cause an application to be 
made to the district court of the county where such corporation 
raaintains its banks, or to any judge of such court, for the ap- 
pointment of a receiver to take charge of the business, assets 
aud property of every kind of said corporation and to wind up 
its affairs. If the judge of the district court of the county where 
such application should be made be absent therefrom at the time 


ee ee ae 
ys 
; ue 


—275- 


such application is to be made, any judge of the supreme court 
may appoint such receiver, but all proceedings in relation to such 
receivership thereafter shall be had before the district court, or 
a judge thereof, who might have appointed such receiver in the 
first instance, and the petition and the order appointing such re- 
eeiver shall be forthwith transmitted to the clerk of such district 
eourt. . 


See. 50. (829) Same—receiver—oath—bond.—The court or 
judge, appointing a receiver under the provisions of this article, 
shall, in the order of appointment, fix the amount of his bond in 


an amount sufficient to protect all persons interested in the assets 


and affairs, to be administered by such receiver, and the receiver, 
before entering upon his duties shall give a bond in the amount 
thus fixed, with sureties to be approved by the clerk of said court, 
conditioned that he will faithfully and impartially discharge such 
duties, and well and truly account for all money and property 
coming into his hands and disburse the same in conformity to 
the order of such court of judge, and to the provisions of this 
article. Upon the approval of such bond and the taking of the 
oath required by law, the person thus appointed shall have full 
power and authority, as receiver under the provisions of this 
article. 


See. 51. (8380) Credit—how repaired—when reopen.—After 
the department of trade and commerce or receiver shall have 
taken possession of any bank under the provisions of this article, 
the stockholders thereof may repair its credit, restore or sub- 
stitute its reserves, and otherwise place it in condition; but such 
bank shall not be permitted to reopen its business until the de- 
partment of trade and commerce, after careful investigation of 
its affairs, is of the opinion that its stockholders have complied 
with the law, that the bank’s credit and funds are in all respects 


repaired, all advances, if any, made from the depositors’ guar- 


antee fund, with interest, fully paid, its reserve restored or suffi- 
ciently substituted, and that it should be permitted again to re- 
open for business; whereupon said department of trade and 
commerce is authorized to issue written permission for resump- 
tion of business under its charter. The directors shall have power 
and authority to levy and collect assessments on the stock for the 
purpose of repairing the credit. of the bank and any deficiency 


—276- 


that may occur by reason of the impairment of the capital stock 
of said bank. 


Sec. 52. (331) Time for filing claims against failed bank. 
As goon as receiver has qualified, which shall be within ten 
days after his appointment, the court in which such proceedings 
are pending, or a judge thereof, shall make an order fixing the 
time for filing claims against the corporation whose property 
is under such receivership, which shall not be more than sixty 
days from the date of such order, and notice thereof shall be 
ziven forthwith, by posting a copy of such order on the front 
door of the bank and by publication thereof in some newspaper 
published in the county, to be designated by the court or judge 
making such order, for at least three consecutive weeks prior 
to the date thus fixed. 


See. 538. (832) Claims—priority—payment.—The claims of 
depositors, for deposits, and claims of holders of exchange, shall 
have priority over all other claims, except federal, state, county 
and municipal taxes, and subject to such taxes, shall at the time 
of the closing of a bank be a first lien on all the assets of the 
banking corporation from which they are due and thus under 
receivership, including the liability of stockholders, and, upon 
proof thereof, they shall be paid immediately out of the available 
cash in the hands of the receiver. If the cash in the hands of the 
receiver, available for such purpose, be insufficient to pay the 
claims of depositors, the court in which the receivership is pend- 
ing, or a judge thereof, shall determine the amount required to 
supply the deficiency and cause the same to be certified to the 
department of trade and commerce, which shall thereupon draw 
against the Depositors’ Guarantee Fund in the amount required 
to supply such deficiency and shall forthwith transmit the same 
to the receiver, to be applied on the said claims of depositors. 
No part of the Depositors’ Guarantee Fund shall be used to supply 
the deficiency that may accrue by the failure of any bank now 
transacting business, or which may be hereafter organized, which 
bank has not filed the report provided for in Section 15 of this 
article and received the certificate provided for in Section 14 of 
this article. Such drafts against the Depositors’ Guarantee Fund 
suall be prorated, as nearly as may be, among the several solvent 
banks wherein the same is as aforesaid kept and maintained, in 


> 


—277— 


accordance with the amounts thereof held by such banks re- 
spectively. No claims to priority shall be allowed which is based 
upon any evidence of indebtedness in the hands of or originally 
issued to any stockholder, officer or employee of such bank, 
which represents money obtained by such stockholder, officer or 
employee, from himself or some other person, firm, corporation 
or bank in lieu of or for the purpose of effecting a loan of funds 
to such failed bank. 


See. 54. Penalties for unlawful act.—No corporation organ- 
ized for the purpose of conducting a banking business under the 
laws of this state shall be granted the certificate provided in Sec- 
tion 14, or the charter provided in Section 16 of this article, 
until there shall have been filed with the department a statement, 
under oath, of the president or cashier of such bank that no 
premium, bonus, commission, compensation, reward, salary, or 
other form of remuneration has been paid, or promised to be paid 
to any person for selling the stock of such bank or for inducing 
in any manner any subseription for such stock. The president 
or cashier of any such bank who shall be found guilty of filing a 
false statement under the provisions of this section shall be fined 
in any sum not exceeding $5,000.00 or be imprisoned not exceed- 
ing one year. 

Whenever, after such certificate and charter shall have been 
delivered, it shall appear to the department, that such statement 
is false, they shall cancel such certificate and charter and a re- 
ceiver shall be appointed for such corporation in the manner 
provided for in case of a corporation which is conducting a bank- 
ing business in an unsafe or unauthorized manner. 


Sec. 55. (833) Reimbursement of guarantee fund.—To the 
extent of the amount paid from said guarantee fund to satisfy 
the claims of creditors, the department of trade and commerce 
for the use and benefit of said fund, shall be subrogated to all 
the right of the creditors thus paid, to participate in the assets 
of such bank and the same shall be enforced and collected by the 
receiver accordingly and when collected shall be placed in said 
fund and deposited by the department of trade and commerce 
in the solvent banks subject to the provisions of the depositors’ 
guarantee fund, proportionate to the several deposits to the as- 
sessments levied against each of said banks. 


—278—- 


Sec. 56. (835) Power of department and receiver.—The de- 
partment of trade and commerce or any receiver appointed under 
the provisions hereof, shall have authority to take possession of 
any bank to which the order of appointment shall relate, and 
retain the possession of such bank, its moneys, rights, eredits and 
property of every description, as against any mesne or final 
have been fully paid and discharged, and any attachment hen 
against such property, acquired within thirty days next preceding 
the taking of such possession shall be thereby released and dis- 
solved. For each day the department of trade and commerce 
shall so hold possession, such bank shall pay to the state treasurer 
for account of the general fund, a fee of ten dollars, and for each 
day a receiver shall so hold possession, such bank shall pay such 
receiver as full compensation for his services a fee of not less 
than three dollars nor more than ten dollars as fixed by the de- 
partment of trade and commerce and in each ease, in addition 
to said amount, the necessary clerk hire and attorney’s fees. 


See. 57. (336) Bank refusing to deliver possession—pro- 
cedure.— Whenever any bank refuses or neglects to deliver pos- 
session of its affairs, assets or property of whatever nature, to 
the department of trade and commerce or to the person ordered 
or appointed, to take charge of such bank according to the pro- 
visions of this article, the department of trade and commerce 
shall communicate the facts to the attorney general, or the county 
attorney of the county wherein such bank is located, who shall 
thereupon cause an application to be made to the district court 
or to any judge thereof having jurisdiction of the same, for an. 
order placing such department of trade and commerce or the 
person ordered or appointed by it to take charge of such bank 
in charge thereof, and its affairs and property. If the judge of 
the district court having jurisdiction of the same, shall be absent’ 
therefrom at the time such application is to be made, then, and 
in that case, any judge of the supreme court may grant such 
order, but the petition and order of possession shall be forthwith 
transmitted to the clerk of the district court of the county in 
which such bank is located. 


Sec. 58. (337) Duties of receiver—Every receiver immedi- 
ately upon taking possession, shall proceed to collect all debts, 


en ee ee 
4 eS 


Bs lpg 


assets and claims belonging to such bank, and, upon order of the 
district court, or judge thereof, may sell or compound all bad 
or doubtful debts, and on like order may sell all the real and 
personal property of such bank upon such terms as the court 
or judge thereof may direct; and may, if necessary, enforce the 
liabilities of stockholders, officers or directors. The terms bad 
or doubtful debts, as used in this section, shall not include the — 
liability of stockholders, officers or directors. Whenever any 
such receiver shall have paid in full all of the liabilities of such 
bank, including any liability to the depositors’ guarantee fund 
as herein provided, the funds and assets remaining in his hands, 
if any, shall be paid and delivered to the person or persons en- 
titled thereto. 


Sec. 59. (838) Report by receiver.—The receiver shall 
make to the department of trade and commerce not less than one 
report quarterly according to such form as may be prescribed 
and which report shall be verified by his oath. 


Sec. 60. (340) Rewards.—The department of trade and 
commerce is hereby authorized and empowered to offer any pay 
out of the depositors’ guarantee fund rewards for the apprehen- 
sion and conviction of any person or persons violating the pro- 
visions of this article, such rewards not to exceed in any case 
five hundred dollars. 


Sec. 61. (841) Penalty.—Where no other punishment is 
provided herein any person violating any of the provisions of this 
article shall be deemed guilty of a misdemeanor, and upon con- 
vietion thereof shall be punished by a fine of not less than twen- 
ty-five, nor more than three hundred dollars or by imprisonment 
in the county jail for not less than thirty, nor more than ninety 
days, or both. 

See. 62. (342) Saving clause.—Nothing in this article con- 
tained repealing any law for the regulation or éonduct of bank- 
ing, shall be construed to release any person from punishment 
for any acts heretofore committed violating said law or laws, 
nor affect in any manner any existing indictment or prosecution 
by reason of such repeal; and for that purpose such law or laws 
shall continue in full force and effect notwithstanding’ such re- 
peal. 


—280- 


Sec. 63. (843) National bank—how changed to state bank. 
—Any~national banking association located and doing business 
within the State of Nebraska, authorized to dissolve, and which 
shall have taken the necessary steps to effect dissolution, may 
reorganize as a state bank under and according to the laws of 
this state. The department of trade and commerce may accept 
gecod assets of such national banking association worth not less 
than par in lieu of the payment otherwise provided by law for 
the stock of such reorganized bank. 


Sec. 64. (Ch. 175, Session Laws 1915) State banks may be- 
come members of Federal Reserve.—Any bank incorporated un- 
der the laws of this state shall have power to subscribe to the 
capital stock, and become a member of a federal reserve bank 
created and organized under an act of Congress of the United 
States, approved December 23, 1913, and known as the federal 
reserve act, and shall have power to assume such liabilities and 
to exercise such powers as a member of such federal reserve 
bank as are prescribed by the provisions of said act, or amend- 
ments thereto; and, so long as such bank shall remain a member 
of the federal reserve system created by said act of congress, 
it shall be subject to examination by the legally constituted 
authorities, and to all provisions of said federal reserve act and 
regulations made pursuant thereto by the federal reserve board 
which are applicable to such banks as members of the federal 
reserve system; and the state authorities may, in their discre- 
tion, accept examinations and audits made under the provisions 
of the federal reserve act in lieu of examinations required of 
banks organized under the laws of this state. Any bank comply- | 
ing with the reserve requirements of the federal reserve act, 
and its amendments, shall be relieved from compliance with the 
provisions of the laws of this state relating to the maintenance 
of reserves. 


Sec. 65. (Ch. 175, Laws 1915) Same—Trust Companies.— 
Any bank or trust company, incorporated under the laws of this 
state shall have power to subscribe to the capital stock, and be- 
come a member, of a federal reserve bank created and organized 
under an act of Congress of the United States, approved December 
23, 1913, and known as the federal reserve act, and shall have 
power to assume such liabilities and to exercise such powers as a 


—231-— 
 ] 

member of such federal reserve bank as are prescribed by the pro- 
visions of said act, or amendments thereto; and so long as such | 
bank shall remain a member of the federal reserve system created 
by said act of congress, it shall be subject to examination by the 
legally constituted authorities, and to all provisions of said federal 
reserve act and regulations made pursuant thereto by the federal 
reserve board which are applicable to such banks as members 
of the federal reserve system; and the state authorities may, in 
their discretion, accept examinations and audits made under the 
provisions of the federal reserve act in lieu of examinations re- 
quired of banks organized under the laws of this state. 


See. 66. (3845) Payment of joint deposits on death of one 
depositor.— When a deposit in any bank in this state is made in 
the name of two or more persons, deliverable or payable to either 
or to their survivor or survivors, such deposit or any part there- 
of, or increase thereof, may be delivered or paid to either of said 
persons or to the survivor or survivors in due course of business. 


ARTICLE XVII. 


INSTALLMENT INVESTMENT COMPANIES. 


Section 1. (846) Designation—name.—Every association, 
other than building and loan associations, savings banks, insur- 
ance companies or fraternal beneficiary associations organized 
under the laws of this state, or admitted under the laws of this 
state, to do business herein, which is or shall be organized for 
the purpose of raising money from its members or others, by 
means of stated installments or payments, to be held, invested 
or disbursed by said association, whether the money so con- 
tributed is paid in for shares in such association, or is held by 
the association for investment and accumulation for the benefit 
of its contributors, or as an advance on merchandise, or property 
of any kind, to be delivered in the future, or is held by the asso- 
ciation to be disbursed among the contributors, or any of them, 
in accordance with any agreed plan or scheme, and whether the 
relation of the contributor to the association be that of member, 
shareholder, vendee, creditor or beneficiary of a trust; and every 
incorporated association, every unincorporated association, every 
corporation, whether organized under the laws of this or any 


—282— 


& 

other state, territory or government and every individual doing 
business, or attempting or offering to do business in the state of 
Nebraska, in form or character similar to that hereinabove set 
forth, shall be known, for the purpose of this article as an in- 
stallment investment company. Every such installment invest- 
ment company that is a resident or a citizen of any other state, 
territory or government, or that is a co-partnership or unincor- 
porated association, of which any member or members is a resi- 
dent of any other state, territory or government, or is an incor- 
porated association, organized under the laws of any other state, 
territory or government, shall be further known for the purpose 
of this article, as a foreign installment investment company. 

Sec. 2. (847) Control by department.—The department of 
trade and commerce shall have power to issue certificates of ap- 
proval to any such installment investment company and shall 
have general supervision over and control of any and all such 
eompanies. 


See. 3. (348) Papers filed with department.—Before trans- 


acting any business whatever in this state, excepting that per- - 


taining to its organization, every such installment investment 
company shall file in the office of the department of trade and 
commerce, the following documents, to-wit: 

1. A written statement, showing in full detail the plan upon 
which it proposes to transact business. 

2. <A copy of the contract which it proposes to make with 
contributors. : 

3. A written statement which shall show the name and 
locality of the association, and an itemized account of its actual 
financial condition, and the amount of its property and liabilities, 
and such other information touching its affairs, as said depart- 
ment of trade and commerce may require. If such installment 
investment company shall be a c¢o-partnership, or an unincor- 
porated association, it shall also file with the department of trade 
and commerce a copy of its articles of co-partnership or associa- 
tion, and all other papers pertaining to its organization. If it 
be a corporation organized under the laws of Nebraska, it shall 


also file with the department of trade and commerce, a copy of 


its articles of incorporation, constitution, by-laws and all other 
pabers pertaining to its organization, and if it be an incorporated 


—283—- 


% 

or unineorporated association, organized under the laws of any 
other state, territory or government, it shall also file with the 
department of trade and commerce a copy of the laws of the 
state, territory or government under which it exists or is incor- 
porated, and also of its charter, articles of incorporation or asso- 
ciation, constitution, by-laws and amendments thereof, and all 
other papers pertaining to its organization. All of the above 
described papers shall be verified by the oath of such installment 
investment company, if it be an individual, or by the oath of a 
member of the co-partnership if it be a co-partnership, or by 
the oath of a duly authorized officer, if it be an incorporated or 
unincorporated association... All such papers, however, as are 
recorded or are on file in any public office, shall be further certi- 
fied to by the officer of whose records or archives they form a 
part, as being correct copies of such records or archives. Every 
foreign installment investment company shall also appoint an 
attorney in each county in which it proposes to transact or 
solicit business who shall be a resident of such county and shall 
file with the department of trade and commerce a written in- 
strument duly signed, sealed and acknowledged, authorizing such 
attorney in such county to acknowledge service or process in 
behalf of such company consenting that service of process, mesne 
or final, upon such attorney shall be taken and held as if served 
upon the company, according to the laws of this or any other 
state, and waiving all claims or right of error by reason of such 
service, or such acknowledgement of service. Every foreign in- 
stallment investment company shall file anew with the depart- 
ment of trade and commerce annually, in the month of January, 
and at such other times as the department of trade and commerce 
may deem it expedient to demand the same, all statements and 
documents required by this section to be filed with the depart- 
ment of trade and commerce by foreign installment investment 
companies, before transacting any business except that pertaining 
to organization. 


Sec. 4. (349) Department examine application and paper. 
—It shall be the duty of the department of trade and commerce 
to examine carefully the statements and documents so filed, and 
if it finds that such installment investment company is insolvent, 
that its articles of incorporation or association, its constitution 


—234— 


and by-laws, its proposed plan of business and proposed contract 
contain and provide for a fair, just and equitable plan for the 
transaction of business it shall issue to such installment invest- 
ment company a certificate of approval; but if it finds that such 
articles or incorporation or association, charter, constitution, by- 
laws, plan of business or proposed contract contain any provision 
that is unfair, unjust, inequitable or oppressive to any class of 
contributors, it shall withhold its approval. All certificates of 
approval issued to foreign installment investment companies shall 
be limited to those counties for which said company has filed 
with the department of trade and commerce appointments of 
attorneys, as required by the next preceding section, and that 
all certificates issued to such foreign installment investment com- 
panies shall expire on the 31st day of January of the following 
year. | : 
Sec. 5. (850) Unlawful to do other business.—It shall not 
be unlawful for any corporation, association, co-partnership or 
individual, either as principal or agent, to transact any business 
in form or character similar to that set forth in the fourth next 
preceding section, except such as pertains to its organization, 
until it shall have procured the certificate of approval above pro- 
vided for, nor even then, in any county of this state not included 
in such certificate, nor after the expiration or revocation of such 
certificate. No amendment of the charter, articles of incorpora- 
tion, constitution or by-laws of any such installment investment 
company shall become operative until a copy of the same has been 
filed with the department of trade and commerce, and a certificate 
of its approval obtained, as provided in regard to the original 
filing of charters, articles of incorporation, constitution and by- 
laws; nor shall it be lawful for any such installment investment 
company to transact business on any other plan than that set 
forth in the statement required by section 3 of this article or to 
make any contract other than that shown in the copy of the pro- 
posed contract required to be filed by the second preceding 
section, until’ a written statement, showing in full detail, the 
proposed new plan of transacting business and a copy of the 
proposed new contract shall have been filed with the department 
of trade and commerce and a certificate of approval of said de- 
partment of trade and commerce obtained as to such proposed 


—285— 


new plan of transacting business, or proposed new contract, in 
like manner as above provided in regard to the original plan 
of business and proposed contract. 

Sec. 6. (351) Statements—annual, ete.—Every such in- 
stallment company shall, at the close of business on June 30th 
of each year and at such other times as required by the depart- 
ment of trade and commerce, file in the office of said department 
of trade and commerce, a statement verified by the oath of such 
installment investment company, if it be an individual or by the 
oath of a member of the co-partnership, if it be a co-partnership, 
or by the oath of a duly authorized officer, if it be an incorporated 
or unincorporated association, setting forth in such form as may 
be prescribed by the department of trade and commerce its finan- 
cial condition and the amount of its assets and liabilities, and 
furnishing such other information as to its affairs, as said de- 
partment of trade and commerce may require. Any installment 
investment company failing to file the report required at the 
close of business, June 30th of each year, within ten days of that 
date, or to file any other or special report herein required, within 
thirty days after the receipt of a request or requisition therefor, 
shall forfeit its right under the certificate of approval provided 
for in this article. | 

Sec. 7. (852) Accounts—how kept.—The general accounts 
of every such company shall be kept by double entry, and such 
company, its co-partners or managing officer shall, at least once 
each month, make a trial balance of such accounts, which shall 
be recorded in a book provided for that purpose; such trial bal- 
ance and all other books and accounts of such company shall, at 
all times during the business hours, be open to inspection of 
contributors to the company. 

Sec. 8. (853) Examination of.—The person or persons ap- 
pointed under the law of this state to make examinations of 
corporations, firms or individuals doing a banking business, shall 
make an examination and report of every installment investment 
company doing business in this state, as often as the department 
of trade and commerce shall deem it necessary and proper, and 
at least once a year; and the rights, powers, duties, privileges and 
compensation of such person or persons, in connection with such 
examination, shall be the same as is or may be provided by law 


—286— 


with reference to examinations of banks; and such installment 
investment company shall pay the same fees for such examina- 
tion as is or may be provided by law in ease of the examination - 
of banks. Whenever it is necessary for examiners to go into | 
another state for the purpose of examining the affairs of any 
such installment investment company transacting business in this 
state a per diem fee of ten dollars and expenses of the examiner 
for the time required to be absent from the state capitol on such 
examination shall be paid to the examiner by such installment 
investment company so examined. 

Sec. 9. (854) Assets impaired—receiver.—Whenever it 
shall appear to the department of trade and commerce that the 
assets of any installment investment company are impaired to 
the extent that such assets do not equal its liabilities, or that it 
is conducting its business in an unsafe or inequitable or unauthor- 
ized manner, or that it is jeopardizing the interest of its con- 
tributors, or that it is unsafe for such installment mvestment. 
company to transact business, said department of trade and com- 
merce shall revoke its certificate of approval and shall communi- 
cate such facts to the attorney general, who shall thereupon 
apply to the supreme court, or to the district court where such 
company is located, or to a judge of either of said courts, for the 
appointment of a receiver to. take charge of and wind up the 
business of such installment investment company; and if such 
fact or facts be made to appear it shall be sufficient to authorize 
the appointment of a receiver, and the making of such orders 
and decrees in such cases as equity may require. : 

See. 10. (855) False statement—penalty.—Every person 
who shall wilfully or knowingly subscribe, or make or cause to 
be made any false statement or false entry in any book of any 
installment investment company, or exhibit any false paper with 
the intention of deceiving any person authorized to examine into 
the affairs of such installment investment company, or shall make, 
state or publish any false statement of the financial condition of 
such installment investment company shall be deemed guilty. of 
a felony and, upon conviction thereof, shall be fined not exceed- 
ing ten thousand dollars, and be imprisoned in the state peniten- 
tiary not less than one nor more than five years. 

Sec. 11. (856) Agent doing business illegally—penalty.— 


—287— 


Any person, agent, or company doing business or offering or at- 
tempting to do business in this state for any such installment 
investment company which shall not, at the time, be the holder 
of a valid, unrevoked and unexpired, certificate of approval as 
provided for in the seventh preceding section, shall be deemed 
gcuilty of a misdemeanor, and upon conviction thereof, shall be 


fined in any sum not exceeding one thousand dollars or by im- 


prisonment in the county jail not more than thirty days, or both. 


ARTICLE XVIII. 
TRUST COMPANIES. 


Section 1. (738) Trust companies—how formed.—Any 
three or more persons may adopt articles of incorporation and 
become a body corporate for the purpose of engaging in and con- 
ducting the business of a trust company, upon complying with 
the requirements of this article and the general laws of this state 
relating to the organization of corporations. 

Sec. 2. (739) Same—filing—record.—Said articles of in- 
corporation shall be filed in the office of the secretary of state, 
and a certified copy thereof shall be filed and recorded in the 
office of the county clerk of the county in which said corporation 
shall have its principal office. 


See. 3. (740) Powers.—The corporation shall have, in ad- 


dition to the powers hereinafter named, the following powers. 


1. To have a corporate name; 

2. To have a corporate seal; 

3. To sue and be sued and complain and defend in all courts 
of law and equity; 

4. To receive proper compensation for all. services per- 
formed by it under the provisions of this article; 

5. To make by-laws not inconsistent with this article, or its 
articles of incorporation, for the management of its affairs; 

6. To appoint or elect such officers and agents as the busi- 
ness of the corporation may require. 

See. 4. (741) Directors—The control of the business af- 
fairs of such corporation shall be vested in a board of directors 


—288- 


of not less than five in number, all of whom shall be elected by 
and from its stockholders. . | 

Sec. 5. (742) Capital—No corporation shall be authorized 
to transact business under this article unless it shall have a capi- 
tal stock of at least two hundred thousand dollars in cities of one 
hundred thousand inhabitants or more; one hundred thousand 
dollars in cities of fifty thousand and less than one hundred thou- 
sand inhabitants, fifty thousand dollars-in cities of more than 
ten thousand and less than fifty thousand inhabitants; and twen- 
ty-five thousand dollars in cities and villages having ten thousand 
inhabitants or less, all of which shall be fully paid up in cash 
before the corporation is authorized to commence business. 


See. 6. (743) Specific powers.—Corporations created under 
the provisions of this article shall have power: . 


1. To receive trust funds for investment or in ‘trust upon 
such terms and conditions as may be agreed upon, and to pur- 
chase, hold and lease fire and burglar proof and other vaults 
and safes from which a revenue may be derived, 


2. To accept and execute all such trusts as may be com- 
mitted to them by any corporation, person, or persons, and to 
act as assignee, receiver, trustee and depositor, and to accept and 
execute all such trusts as may be committed or referred to them 
by order, judgment or decree of any court of record; 


3. To take, accept and hold by the order, judgment or de- 
eree of any such court, or by gift, grant, assignment, transfer, 
devise or bequest, any real or personal property in trust; to care 
for, manage and convey the same in accordance with such trusts; 
and to execute and perform any and all such trusts; 

4. To act as agent or attorney-in-fact for any person or cor- 
poration publie or private; 

do. To act either by itself or jointly with any natural person 
or persons as administrator of the estate of any deceased person. 
whose domicile was within the county in which the corporation 
is located or whose domicile is outside of the state of Nebraska, 
or as executor under the last will and testament, or as guardian, 
curator or conservator of the property of any infant, insane 
person, idiot, habitual drunkard or person under any other dis- 
ability, or as trustee for any person or of the estate of any de- 


—289— 


ceased person under the appointment of any court of record 
having jurisdiction of the estate of such person; 


6. To loan money upon real estate, not to exceed forty per 
cent. of the appraised value, and upon collateral security, when 
the collateral would of itself be a legal investment for the said 
corporation: and to borrow money and to execute and issue its 
notes payable at a future date, and to pledge its real estate, 
mortgages, or other securities therefor. No loan shall be made 
to any officer or director of said corporation. 


7. To buy, hold and own and sell government, state, county, 
and municipal bonds, bonds issued under the Federal Farm Loan 
Act, stocks, warrants, bills of exchange, notes, mortgages, and 
other investment securities, negotiable and non-negotiable, except 
bonds the interest on which has been in default for a period of 
two years next preceding the date of purchase, stocks of any 
corporation that have not earned annual dividends of at !east four 
per cent. per annum for at least three years just prior to the date 
of such purchase and stock of any corporation organized under 
this article; 


8. To purchase, own or rent real estate needed in the con- 
duct of the business and to erect thereon buildings deemed expedi- 
ent and necessary, the cost of such real estate and buildings not 
to exceed forty per’ cent. of the paid-up capital stock; to pur- 
chase, own and improve such other real estate as it may be re- 
quired to bid in under foreclosure or in payment of other debts; 
and 


9. To perform all acts and exercise all powers connected 
with, belonging to or incident to, or necessary for the full and 
complete exercise and discharge of the rights, powers and re- 
sponsibilities hereinbefore granted, and all provisions of this 
article shall be liberally construed. None of the powers hereby 
granted shall extend to or be construed to authorize any such 
corporation to conduct the business of banking, as defined in 
article XV. 

Sec. 7. (744) Appointment by-.a court.—Courts of this 
State may appoint such corporation receiver, assignee, trustee, 
guardian, executor or administrator. When such corporation is 
so appointed and an oath is required to be made, whether in order 


—290— 


to qualify, or for any other purpose, the president, vice-president, 
secretary or trust officer, may on behalf of such corporation, 
make and subseribe the required oath. 


Sec. 8. (745) Conveyance—execution.—All conveyance of, 
or other instruments affecting real estate owned or held in trust 
by the corporation shall, when authorized by a resolution of the 
board of directors, be signed in the name of said corporation by 
its president, or vice-president and under the seal of said ecor- 
poration. 


Sec. 9. (746) Security—deposits—Any company organized 
to do business under this article shall, before it commences to 
transact business, make a deposit with the department of trade 
and commerce of cash or approved securities in the amounts fol- 
lowing; corporations having a capital stock of $200,000 or more, 
not less than $40,000; corporations having $100,000 but less than 
$150,000 of capital stock, not less than $25,000; corporations havy- 
ing $50,000 but less than $100,000 of capital stock not less than 
$15,000 and corporations having $25,000 capital stock not less 
than $10,000. 


Sec. 10. Same—kind of securities—when excepted.—Such 
securities shall consist of government, state, municipal, or other 
bonds, or bonds or notes secured by first mortgages, on improved 
real estate in the state of Nebraska, or other securities which | 
constitute a legal investment for said corporation which may be 
approved by the department of trade and commerce. Such securi- 
ties shall not be accepted for purposes of deposit at a rate above 
par and if their market value is less than par they shall not be 
accepted for such purpose above their actual market value. 


Sec. 11. Same—certificate of deposit—The required deposit 
having been made the department of trade and commerce shall 
issue a certificate showing that such corporation has complied 
with the provisions of this article. Having thus qualified such 
corporation may be permitted to act as guardian, curator, ad- 
ministrator, assignee, receiver, trustee, either by appointment of 
court or under will, or depository of money in court without 
bond. Upon presentation of the certificate that the corporation 
has complied with the provisions of this article and has made a 
deposit as herein provided, the court or other officer charged 


—291- 


with the duty of making such appointment or of approving bonds 
may, in his discretion, make the appointment and permit the cor- 
poration to qualify without bond or require such bond as is re- 
quired from natural persons. 


See. 12. Same—fund—what liable for.—The fund deposited 
as provided in section 9 shall be primarily lable for obligations 
of such company as guardian, curator, executor, administrator, 
assignee, receiver, trustee, either by appointment of court or 
under will, and for depository of money in court, and shall not 
be liable for any other debt or obligation of the corporation until 
all trust liabilities aforesaid have been discharged. 


Sec. 13. Same—interest.—The corporation may collect and 
retain the interest of all securities deposited as provided in sec- 
tion 9 and the department of trade and commerce may deliver 
interest coupons before their maturity to the corporation. 


Sec. 14. Same—substitute securities—when required.—lIf 
the interest on any security deposited as provided in section 9 
shall remain unpaid for six months after maturity, the depart- 
ment of trade and commerce shall require the corporation to sub- 
stitute other securities therefor. 

See. 15. (747) Examination.—The department of trade and 
commerce or any person or persons duly authorized by it shall, 
once during each year, examine the books of the company and 
be entitled to charge and receive for such examination the sum 
of twenty-five dollars for any company having assets of one hun- 
dred thousand dollars or less, and five dollars additional for each 
additional one hundred thousand dollars of assets. If the de- 
partment has reason to believe that the affairs of any corpora- 
tion are not being conducted in compliance with this article, it 
may, at any time, make or cause to be made, a special examination 
of the assets of such corporation. The fees for a special examina- 
tion shall be the same as those for a regular examination. It 
may, in its discretion, require any corporation to increase its de- 
posits above the amount herein named, not exceeding an amount 
equal to one-tenth of the trust funds received by appointment of 
court or under will, that are not covered by bond; and may 
permit the withdrawal of such excess deposit when the said 
- obligations have been reduced. The department may also permit 
the substitution of securities for those on deposit. 


—292- 


Sec. 16. (748) Maximum liability—The maximum liability 
which may be incurred by any corporation organized under this 
article, exclusive of money or properties held in trust, shall not 
exceed two-thirds of the paid-up capital stock. 

Sec. 17. (749) Statement.—Such corporation shall file with 
the department of trade and commerce during the month of July 
of each year, a statement under oath of. the condition of such 
corporation on the 30th day of June next preceding in the manner 
and form required by the department. 

Sec. 18. (750) Reports—summary.—The reports required 
by this article shall be verified by one of the managing officers, 
and a summary of such report, in a form prescribed by the de- 
partment of trade and commerce shall, within thirty days after 
the filing of said statement with the said department, be pub- 
lished in a newspaper of general circulation in the place where 
the business of such corporation is transacted. 

Sec. 19. (751) Penalty for false oath to statement.—Any 
person making oath to any of the statements herein required, 
knowing the same to be false, shall be deemed guilty of a felony 
and shall be punished by a fine of not less than one hundred dol- 
lars nor more than one thousand dollars, or’ be imprisoned in the 
penitentiary for a term of not less than one year nor more than 
five years, or both. 


See. 20. (752) Use of terms prohibited.—No individual, 
firm, company or association in the state of Nebraska shall use 
the words ‘‘trust’’, ‘‘trust company’’ or ‘‘trust association’’ as 
any part of its title, except those complying with the provisions 
of this article. Any person, persons or corporation violating the 
_ provisions of this section shall be deemed guilty of a misdemeanor 
and upon conviction thereof shall be fined one hundred dollars 
for each day’s use of any of the said terms. 


ARTICLE XIX. 
BUILDING AND LOAN ASSOCIATIONS. — 


Section 1: General control by department.—The department 
of trade and commerce shall have power to issue permits to and 
shall have general supervision, and control of any and all build- 
ing and loan associations as in this article defined. 


—293- 


See. 2. (485) Name—powers—vote by proxy.—Any asso- 
ciation of not less than five persons, which shall be organized 
within this state for the purpose of raising money to be loaned 
among its members, shall be authorized and empowered to levy, 
assess, and collect from its members such sums af money, by rates 
of stated dues, fines, interest and premiums on loans, as the cor- 
poration may provide in its constitution or by-laws, and to exer- 
cise such other powers as are hereinafter conferred. Every such 
corporation may, however, receive payments from its members in 
any amount, which together with the balance, if any, formerly 
to the credit of the member thus paying, upon the books of the 
corporation, shall not exceed the par value of the shares of stock 
held by him. No person shall hold in his own right more than 
five thousand dollars of investment stock, and no person shall 
vote in his own right. or as proxy more than five thousand dollars 
par value of stock. 

In any association whose assets exceed $200,000.00 and do- 
not exceed $500,000.00, borrowing members may hold stock to 
the amount of $10,000.00; in any association whose assets exceed 
$50,000.00 and do not exceed $1,000,000.00, borrowing members 
may hold stock in the amount of $20,000.00; in any association 
whose assets exceed $1,000,000.00 and do not exceed $5,000,000.00, 
borrowing members may hold stock to the amount of $30,000.00, 
and in any association whose assets exceed $5,000,000.00, borrow- 
ing members may hold stock to the amount of $50,000.00. At 
any meeting of stockholders, where not less than fifty members 
are present, sufficient proxies may be had by those present to 
represent the majority of all the stock of the corporation. The 
words ‘‘Loan and Building Association’’, ‘‘Building Association’”’, 
‘‘Building and Loan Association’’, ‘‘Savings and Loan Associa- 
tion’’, or ‘‘Loan and Savings Association’’, shall form part of 
the corporate name of every such corporation. The capital stock 
of every such association shall consist of the accumulated pay- 
ments made by its members and dividends credited thereon, and 
shall be represented by shares. 

See. 3. (487) Constitution and by-laws.—Every such asso- 
ciation shall adopt a constitution and. by-laws. 


Sec. 4. (488) Withdrawals—stock pledged as security.— 
Such constitution shall contain equitable provisions permitting 


—294— 


any shareholder to withdraw all or part of his or her stock pay- 
ments, by giving written notice of such intention, to the secretary 
or managing officer of the association, and, at the expiration of 
thirty days following the period of the next regular payment, or 
at any time thereafter, the members so withdrawing, or, if de- 
ceased, his legal representative, shall be entitled to receive, on 
demand, the amount paid in by him or her, together with such 
rate of interest or proportion of the net profits as the by-laws 
may determine, less the admission fee, and all fines and other 
just and lawful charges. If there has been a net loss instead of a 
net gain, then such withdrawing shareholder shall receive the 
actual amount paid in, less his proportion of such net loss. At no 
time, however, shall more than one-half of the unloaned funds 
in the treasury of the association be applicable to the demands of 
the withdrawing shareholders without the consent of the board 
of directors. 


No shareholder shall be entitled to withdraw where stock is 
pledged as security for a loan, either to the association or to any 
other creditor. 


The directors may, in their discretion, under rules made by 
them in conformity with by-laws, retire any unpledged shares 
in the order of their issue, by enforcing withdrawals of the same, 
and the owners shall be paid the full value of their shares as 
determined at the last preceding distribution of profits, together 
with all dues paid since such distribution, less any unpaid fines. 
All shares which have reached matured value shall be first re- 
tired under the provisions of this article. 


Sec. 5. (489) Advance payment of loan.—The constitution 
shall also contain equitable provisions permitting the payment of 
loans before maturity, as follows: The borrower shall be charged 
with the full amount of his loan, together with any and all 
arrearages due thereon, or on the shares pledged, or appertain- 
ing to the security given, and shall thereupon be allowed, as a 
credit, the withdrawal value of the shares pledged as security 
together with an equitable share of the premium, if any, paid 
in advance, and such other credits as may be returnable on ac- 
count thereof, and the balance shall be received by the associa- 
tion in full settlement and discharge of such loan. The provisions 


—295- 


of this section shall not apply to loans made upon definite periods 
of repayment. 


See. 6. (490) Delinquents—cancellaticn.—The constitution 
shall further provide that if any member has become delinquent 
in his payment on ahy shares pledged for the security of any 
loan from the association, to an amount equal to the payments 
due on said shares for any period named therein, (not, however, 
less than three nor more than twelve months) such shares may 
be cancelled, and he shall, as to such shares, cease to be a mem- 
ber of the association, and the withdrawal value, if any, of such 
shares at the date of cancellation, shall be credited on his loan. 
If, after the aforesaid credits, or other credits a balance remains 
due the association on account of said loan, it may recover the 
balance, either by the foreclosure and sale of the security given 
or by an action at law upon the evidence of indebtedness. 


See. 7. (491) Matured stock—certificates issued.—Certifi- 
eates of stock shall be issued to every member for the number 
of shares owned by him, in conformity with the article and con- 
stitution and by-laws. Whenever any such articles are made 
to the joint account of two or more persons, the account repre- 
sented thereby shall be payable to the survivor. Every stock- 
_ holder shall receive credit on the books of the association for all 
amounts paid by him upon his subscription for stock, together 
with his prorata share of all dividends declared, as hereinafter 
provided, and when the sum of such payments and dividends, 
less all fines or other charges, shall equal the par value of the 
shares of stock held by him, he shall be entitled to receive such 
par value, with such interest not exceeding the legal rate, as the 
directors may determine, from the time of maturity until paid. 
Holders of stock thus matured and members desiring to withdraw 
before such maturity, shall be paid the value of their stock in 
the order of the maturity of, or notice of withdrawal, of such 
stock. At no time, however, shall more than two-thirds of the 
unloaned funds in the treasury of the association, inclusive of 
such funds applicable to the demands of withdrawing stockhold- 
ers, as hereinbefore provided, be applicable to the demands of 
holders of matured stock without the consent of the board of 
directors. — 


See, 8. (492) Minors holding stock—trustee.—Shares of 


—296- 


stock in any such association may be subscribed for, held, trans- 
ferred, surrendered, withdrawn, and forfeited, and payments 
thereon received and receipted for, by any minor over the age 
of fourteen years, in the same manner and with the same binding 
effect as though such person were of full age, except that the 
said minor, or his estate, shall not be bound on his subscription 
to stock except to the extent of payments actually made 
thereon. <A trustee or guardian may acquire, hold, transfer and 
withdraw and receive all moneys due upon shares in such asso- 
ciation for the use and account of any minor; but before he shall 
be permitted to withdraw, transfer, or receive payment upon 
any shares so held, such trustee or guardian shall file with the 
county judge of the county where such association is located a 
bond for twice the value of the shares withdrawn, transferred, 
or money received, which bond shall be approved by said judge 
and shall be conditioned upon his faithfully accounting for the 
proceeds of the shares withdrawn, transferred, or money re- 
ceived, and the use thereof, and paying the same to said minor 
at his or her majority. | 


Sec. 9. (Ch. 10, 1917) Authorized investments.—No loan 
shall be made by such association exeept to its own members, 
nor shall any loan be made to any member for any sum in excess 
of the par value of his stock. The borrower shall pledge to the 
association as security for the loan, shares of a maturity value 
equal to the principal of the loan, and ample real estate security 
unineumbered except by prior liens held by such associations. 
Loans made upon improved real estate shall not exceed two-thirds 
of the actual cash value thereof, and all loans made on any other 
real estate shall not exceed two-fifths of the actual cash value 
thereof. The stock of such association may be accepted as secur- 
ity for a loan of the amount of the withdrawal value of such 
stock without other security. Any association may temporarily 
invest its idle funds, or any part thereof, not exceeding ten per 
cent of its assets, in bonds or interest bearing obligations of the 
United States, of the bonds issued under the Federal Farm Loan 
Act, of the State of Nebraska, or of any county, township, school 
district or other political division of the state of Nebraska, or of 
any incorporated city or village in the state of Nebraska, and 
may deposit its funds or any part thereof in any national or state 


—297— 


bank and receive therefor certificates of deposit or the usual 
bank pass-book credit subject to check. 


No evidence of indebtedness taken by said association for 
the return of any loan shall be negotiable in form, and whatever 
be its form, every such evidence of indebtedness shall be non- 
negotiable in law, and no such debt, or evidence of debt shall be 
assignable or transferable in any manner so as to prevent the 
discharge thereof by payments to the association, except that 
bonds and interest-bearing obligations in which temporary invest- 
ments may be made as hereinbefore provided, may be converted 
into cash in due court. | 


Sec. 10. (494) Buy, sell or lease real estate—Such associa- 
tions may purchase, hold, lease and convey real estate for the fol- 
lowing purposes and no others: 


1. Such as it may need to occupy as a place of business: 


2. Such as shall, in good faith, be conveyed to it in Satis- 
faction of debts contracted in the ordinary course of business. 


3. Such as it shall purchase at sales under judgments, de- 
crees, or mortgages held by the association, or shall purchase in 
good faith, to secure debts due to it. No such association shall 
hold the title and possession of any real estate longer than five 
years, except for the first purpose above named. Nothing in this 
section shall be construed to forbid the mortgaging of real estate 
to such association. 


Sec. 11. (495) Reserve fund—how increased—reduced.— 
Every association organized under the laws of this state for the 
purposes set forth in section 2 of this article, except such associa- 
tions as are conducted upon the serial plan and in which the 
various series are operated wholly separate and distinct from 
each other, shall provide a reserve fund for the payment of con- 
tingent losses, by setting aside at least five per cent of the net 
earnings for each year to such fund until it reaches at least five 
per cent of the total assets of the association exclusive of cash 
on hand. All losses shall be paid out of such fund until the same 
is exhausted, and whenever the amount in said fund falls below 
five per cent. of the assets as aforesaid, it shall be replenished 
by annual appropriations of at least five per cent. of the net 
earnings, as hereinbefore provided, until it again reaches said 


—298— 


amount. If, in the opinion of a majority of the board of direct- 
ors of any such association, said reserve fund be insufficient, at 
any time, to cover the probable losses among the assets, they shall 
have power to increase said fund from the net earnings to an 
amount not greater than the sum of such probable losses or in 
excess of ten per cent. of the assets of the association, exclusive 
of cash on hand. Such special increase of the reserve fund shall 
first be approved by the department of trade and commerce, and 
if, in the opinion of the department after an examination, as 
hereinafter provided, such special increase of the reserve fund 
is deemed necessary or advisable for the protection of stockhold- 
ers, the department may order such reserve fund increased in 
like manner and within the same limits as aforesaid. Such re- 
serve fund may at any time, with the consent of the department 
of trade and commerce, be reduced to not less than five per cent. 
of the assets aforesaid. 

See. 12. (496) Dividends—how and when paid.—Every as- 
sociation of the character defined in section 11 of this article 
shall be required, at least annually, to transfer the residue of 
earnings (after paying expenses and setting aside a sum for the 
reserve fund as herein provided) as a dividend to members pro 
rata in proportion to their credit, to be paid to them as the asso- 
ciation may provide. 

Sec. 13. (497) Books and accounts.—All moneys received 
by the association from members shall be receipted for by per- 
sons, designated by the board of directors, in pass book provided 
by the association for the use of and to be held by the member. 
The general account of every such association shall be kept by 
double entry, and the secretary or managing officers shall, at 
least once each month, make and declare a trial balance of such 
accounts, which shall be recorded in a book provided for that 
purpose and it shall be open to the inspection of directors and 
stockholders of the association. 

Sec. 14. (498) Property of—subject to taxation.—Such as- 
sociation shall not be subject to taxation on their capital stock, 
nor on their loans, advances or mortgages, but shares in such 
association shall, for the purpose of taxation, be considered and 
held as credits, and members and holders of such shares shall list 
the same for taxation, and the same shall be taxed in such man- 


—299-— 


ner and subject to such deductions as may be provided by law 
for the taxation of other credits. The real estate of such. associa- 
tion shall be subject to taxation in the same manner as provided 
by law in the case of other corporations and individuals. 

Sec. 15. (499) Usury— fees— dues— fines— interest.—The 
fees, dues, interest, premiums and other payments of money 
made, contracted for, or required to be made, by any member 
of such association, by virtue of or in conformity with the pro- 
visions of its constitution and by-laws, though the same may ag- 
eregate a greater amount, taking into account all the terms and 
conditions of payments to and from such member, than is, or may 
be allowed by the laws of this state to be taken or collected as 
interest on ordinary contracts for the payment of money, shall 
not make any such payment, or contract therefor, usurious, but 
all such contracts may be enforced, and such fees, dues, fines, 
interests, premiums, and payments collected in the same manner 
as other debts on contracts not usurious. The certificate of ap- 
proval provided for in section 18 of this article, issued to such 
association, shall be conclusive evidence of such compliance with 
the requirements of this article as to entitle it to the benefits of 
this section; but no association not holding such certificate, shall 
be exempt from the operation of the usuary law of this state. 

See. 16. (500) Department approve article of incorpora- 
tion.—A-copy of the articles of incorporation, constitution and 
by-laws of every such association shall be filed in the office of 
the department of trade and commerce which shall examine the 
same carefully, and if it find that said articles of incorporation, 
constitution and by-laws conform to the requirements of this 
article and contain a just and equitable plan for the manage- 
ment of the association’s business, it shall issue to such associa- 
tion a certificate of its approval of such articles of incorporation, 
constitution and by-laws; but if it shall find the provisions of 
such articles of incorporation, constitution and by-laws to be 
unjust or inequitable or oppressive to any class of share holders, 
it shall withhold its approval. 


No such association shall transact any business, except the 
execution of its articles of incorporation, the adoption of a con- 
stitution and by-laws, and the election of directors and officers, 
until it shall have procured the certificate of approval above pro- 


—300- 


vided for; nor shall any amendment of the articles of incorpora- 
tion, constitution or by-laws of any such association become 
operative until a copy of the same shall have been filed and a 
certificate of approval obtained as above provided in regard to 
original articles of incorporation, constitution and by-laws. 


Sec. 17. (501) Statements and special reports.—Every such 
association shall, at the close of business on June 30th of each - 
year, and at such other times as required by the department of 
trade and commerce, file in the office of said department within 
thirty days after the receipt of a request for a requisition there- 
for, a statement verified by the oath of its president or secretary 
and approved by three of its directors in such form as may be 
prescribed by said department setting forth its actual financial — 
condition and the amount of its assets and liabilities and furnish- 
ing such other information as to its affairs as the said department 
may require, and a copy of such annual statement shall be pub- 
lished in a newspaper of general circulation in the county where 
such association is located three consecutive times and due proof 
of such publication, by affidavit, shall be filed with said depart- 
ment. Said department of trade and commerce shall have power 
to call for special reports from any such association whenever, 
in its Judgment the same may be necessary or advisable, but no 
other or further notice or statement of the amount of the existing 
debts of such corporation shall be required to be published than 
that on June 30th, as aforesaid, provided for at the time of the 
annual statement to said department. Any association failing 
to comply with the provisions of this section shall forfeit its 
charter rights. 


Sec. 18. (502) Penalty for false statements.—Every person 
who shall wilfully or knowingly subscribe, or make, or cause to 
be made, any false statement or any false entries in any book 
of any association organized for the purpose set forth in section 
two of this article or exhibit any false paper with the intent to 
deceive any person authorized to examine into the affairs of such - 
association, or shall make, state, or publish any false statement 
of the financial condition of such association, shall be deemed 
euilty of a felony, and upon conviction thereof shall be fined 
not exceeding ten thousand dollars, and be imprisoned in the 
state penitentiary not less than one, nor more than five years. 


—301-— 


Sec. 19. (503) Examination—fees for—The department of 
trade and commerce shall make an examination and report of 
every association organized under the laws of this state for the 
purpose named in section two of this article, as often as shall be 
deemed necessary and proper and at least once a year; and the 
rights, powers, duties, privileges and compensation of the depart- 
ment of trade and commerce in connection with such examinations 
shall be the same as is or may be provided by law with reference 
to examinations of banks, and such associations shall pay the 
same fees for such examinations as are or may be provided by 
law in ease of the examinations of banks. 


See. 20. (504) Insolvency—liquidation.— Whenever it shall 
appear to the department of trade and commerce, that the assets 
of any association or corporation, organized under the laws of 
this state for the purpose set forth in section two of this article, 
are impaired to the extent that such assets do not equal the lia- 
bilities, or that it is conducting its business in an unsafe or un-— 
authorized manner or is jeopardizing the interests of its members 
or that it is unsafe for such association to transact business, said 
‘department shall take possession of the books, records, and as- 
sets of every description of such association, and such depart- 
ment of trade and commeree shall have full power and authority 
to take, hold and retain possession of all the books, records, 
money, rights, credits, assets and property of every description 
belonging to such association, as against any mesne or final pro- 
cess issued by any court against such association or corporation 
whose property has been taken possession of by such department, 
pending the further proceedings specified in this article. If, such 
‘possession shall be refused, by the secretary, managing officer or 
person in charge of such association, the said department shall 
communicate such fact to the attorney general together with a 
copy of such order of possession, whereupon it shall become the 
duty of said attorney general to apply to the supreme court or 
to the district or county courts of the county where such associa- 
tion is located or to a Judge of either of said courts, for a writ 
of assistance in placing said department in immediate possession 
of such association; and it shall be sufficient to authorize the 
issuance of said writ and taking possession of such association 


—302- 


thereunder, if it be made to appear that possession was refused 
as aforesaid. : 


Sec. 21. (505) Special meetings of share holders.—The de- 
partment of trade and commerce shall, within ten days next after 
acquiring possession of such association, convene a special meet- 
ing of the shareholders. Notice of such special meeting shall be 
given by publication in a newspaper of general circulation in the 
county where such association is located and by written or printed 
notice posted in.a conspicuous place in the office or place of busi- 
ness of the association. At such meeting said department shall 
present a full report of the affairs and condition of such associa- 
tion as found by its examination thereof. 


Sec. 22. (506) Department report condition.—Said depart- 
ment, or any person authorized by it, shall, after having taken 
possession of the association as aforesaid, and pending the further 
proceedings specified in this article, prepare, or have prepared, a 
full and true exhibit of the affairs, property and condition of 
such association, including an itemized statement of all its assets 
and liabilities; and shall receive and collect all debts, dues and 
claims belonging to it, and pay the immediate and reasonable 
expense of its trust; and shall receive and receipt for all monthly 
payments becoming due after the date of coming into possession 
of the association, and shall keep the same separate and apart 
from the other moneys and effects of such association. 


Sec. 23. (507) Department direct reorganization.—If, at 
the special meeting of the shareholders they shall vote to reor- 
ganize such association, the department, upon the consummation 
of the reorganization thereof, and the approval of the department 
shall turn over to the new management all the books, papers and 
effects of every description in its hands belonging to such asso- 
ciation. 


Sec. 24. (508) Department direct liquidation.—lIf. at the 
special meeting of the shareholders they shall vote to go into 
voluntary liquidation, or to otherwise close up or discontinue 
the business of such association, the department shall return to ~ 
the shareholders all monthly payments and other payments on 
subscriptions for stock received and receipted for by it, and which 
became due and payable after the date of taking possession; and 


—303-— 


all books, papers and effects of every description in its hands, 
belonging to such association not so returnable, shall be turned 
over and delivered to the person or persons entitled thereto. 


See. 25. (509) Recciver—when and how appointed.—lIf the 
department of trade and commerce, after having called a meet- 
ing of the shareholders as herein provided, shall find that the 
association cannot be reorganized or that voluntary liquidation 
by the shareholders cannot be had or consummated, they shall 
communicate such facts together with a statement of the cond - 
tion of the association to the attorney general, who shall there- 
upon apply for the appointment of a receiver to take charge of 
and wind up the business of such association. The department 
of trade and commerce may, at any time, after demand for pos- 
session has been made, communicate such facts and conditions 
to the attorney general, who shall thereupon apply for the ap- 
pointment of a receiver in like manner and form as hereinbefore 
described. 


Sec. 26. (510) Rules and regulations made by department. 
—The department of trade and commerce shall have power to 
make such rules and regulations for the government of all asso- 
ciations of the character defined in this article as may, in their 
judgment, seem wise and expedient. 


Sec. 27. (511) Unlawful use of name.—No corporation 
hereafter organized or incorporated under the laws of this state 
shall use the words ‘‘Loan and Building Association,’’ ‘‘Build- 
ing Association,’’ “Building and Loan Association,’’ ‘‘Savings 
and Loan Association,’’ or ‘‘Loan and Savings Association’’ as 
part of its corporate name, unless it shall have complied substan- 
tially with the requirements of this article. Any corporation 
violating the provisions of this section shall. be fined in a sum 
not exceeding twenty-five dollars for each and every day it shall 
continue such violation. 


Sec. 28. (513) Foreign association—how designated.— 
Every corporation, company, or association contemplating doing 
business in this state and having for a part of its title or name 
the words, ‘‘Loan and Building Association,’’ ‘‘Building and 
Loan Association,’’ ‘‘Savings and Loan Association,’’ ‘‘Loan and 
Savings Association,’’ ‘Cooperative Bank,’’ or ‘‘Investment Com- 


—304— 


pany,’’ and every corporation, company, or association whose 
stock is payable by an accumulating fund in regular or stated 
periodical installments or at the will of the holder, and every 
corporation, company, or association doing business in a form 
and character similar to that authorized to be done by section 
two of this article shall, if organized in any country, state or 
territory other than the state of Nebraska, be known in this 
article as a foreign building and loan association. 


Sec. 29. (514) Foreign—file certificate——No foreign build. 
ing association, directly or indirectly, shall transact any business 
in this state without first procuring a certificate of approval and 
authorization from the department of trade and commerce. Be- 
fore obtaining such certificate such foreign building and loan as- 
sociation shall furnish said department with a statement sworn 
to by the president or secretary of the association, which state- 
ment shall show the name and locality of the association, an item- 
ized account of its actual financial condition, and the amount of 
its property and liabilities, the amount and number of shares 
subseribed, the amount which has been paid in on such shares, 
the number of shares redeemed, the estimated cash value of each 
share of its stock, and all such other information touching its 
affairs as said department may require. Such foreign building 
and loan association shall also file with the department a certified 
copy of the laws of the state, territory, or government under 
which it is incorporated, and of its charter or articles of incor- 
poration, and of its constitution and by-laws and all amendments 
thereto, and shall appoint an attorney in each county in which it 
transacts or solicits business, who shall be a resident of such 
county and shall file with the department a written instrument, 
duly signed and sealed, authorizing such attorney of such asso- 
ciation to acknowledge service of process in behalf of such as- 
sociation, consenting that service of process mesne or final, upon 
such attorney shall be taken and held as if served upon the asso- 
ciation according to the laws of this or any other state, and waiv- 
ing all claims or rights of error by reason of such acknowledge- 
ment of service. If, after examination of such statements and 
certified copies of instruments, and after said association shall 
have complied with the requirements of this article as to the ap- 
pointment of an attorney or attorneys, the department of trade 


—305— 


and commerce shall be satisfied that such association is solvent, 
and that the capital and investments are secure, and that the 
laws, charters, articles of incorporation, constitution and by-laws 
governing it afford an ample protection to interests of its mem- 
bers of associations hereafter incorporated under the laws of the 
state of Nebraska for the purpose mentioned in section two of 
this article, then the department may grant such association a 
certificate of approval authorizing it to transact business until 
the 3lst day of January of the ensuing year, in those counties 
of this state in which it shall have appointed a resident attorney 
as above provided. 


Sec. 30. (515) Annual statement renewed.—The statements 
required of foreign building and loan associations shall be re- 
newed annually in January in such manner as required by this 
article and shall be made at such other times as the department 
of trade and commerce may deem it expedient to demand the 
same, and the department may at any time revoke the certificate 
of approval and authorization of any such association for cause. 


See. 31. (516) Penalty for violation—Any person, agent 
or company doing business or attempting to do business, in this 
state for any foreign building association which shall not at the 
time be the holder of a valid certificate of approval and author- 
ization, as provided for in this article, shall be deemed guilty 
of a misdemeanor, and upon conviction thereof, shall be fined in 
any sum not exceeding one thousand dollars, or imprisoned in the 
county jail not more than thirty days, or both. 


ARTICLE XX. 
BLUE SKY LAW. 


Section 1. Definition of term.—The term ‘‘securities’’ as 
used in this article shall be taken to mean stock certificates, 
shares, bonds, debentures, certificates of participation, or other 
instruments in the nature thereof, by whatsoever name known 
or called, or undivided interests in the capital, property, assets, 
profits or business of any corporation, partnership joint stock 
company, declaration of trust association or other association, or 
individual. 


—306—- 


The term ‘‘stock’’ shall mean and include all shares or un- 
divided interests in the capital, property, assets, profits or busi- 
ness of any corporation, partnership, joint stock company, or 
other association or individual, whether evidenced by written or 
printed certificates or not. 


The term ‘‘person’’ shall include every corporation, partner- 
ship, joint stock company, declaration of trust association, and 
every other character of association, and every individual, 
whether such’corporation, partnership, Joint stock company or 
association 1s foreign or domestic and whether such individual 
is a resident or non-resident of this state. 


Sec. 2. Securities exempt.—The provisions of this article 
shall not apply to the disposal of securities; (a) To a licensee 
under this article; nor shall they apply to (b) Bonds of a muni- 
cipality, government or governmental agency; (¢c) Bonds or 
notes secured by first mortgage liens upon real estate; (d) Stock 
and securities issued by national banks; (e) Stocks and securi- 
ties issues by state banks, insurance companies, building and loan 
associations and trust companies, when such corporations are 
legally authorized to do business in this state; (f) Stocks and 
securities issued by authority of the Nebraska State Railway 
Commission; (g¢) Stocks and securities of domestic corporations 
or associations organized not for profit, but solely for religious, 
educational or charitable purposes; (h) Stocks and securities 
acquired by the owner in the usual course of business, owned 
and held in good faith, and sold in the usual course of business — 
when the expenses of sale shall not directly or indirectly, exceed 
two per cent of the sale price. 


Sec. 3. Permits required.—Every person, before selling or 
negotiating for the sale of any securities not specially exempted 
from the provisions of this article, shall apply to the department 
for a permit in the manner hereinafter set forth. 


Sec. 4. Application for permit and accompanying exhibits. 
—No person either as principal or through brokers or agents, 
shall sell or offer for sale or, by means of any advertisement 
circular or prospectus, or by any other form of public offering, 
attempt to promote the sale of any securities in this state, unless 
there shali first have been filed with the department (1) A veri- 


—307- 


fied written application setting forth the name of the applicant, 
the names and addresses of all stockholders and subscribers for 
stock, the amount of stock held or subscribed for by each, a state- 
ment of the assets and liabilities or the applicant, the total amount 
of such securities, and of all securities prior in time and superior 
in interest or lien, the nature of the business transacted or to be 
transacted, the amounts and kinds of stock desired to be issued 
and such other information as the department may require; (2) 
A copy of the securities to be offered; (3) If such securities are 
secured by mortgage or other lien, a copy of such mortgage or 
of the instrument creating such lien, and a competent appraisal 
or valuation of the property covered thereby, with a specific 
statement of all prior liens thereon, if any; (4) A full statement 
relative to the character or value of such securities or of the 
property or earning power of the company making or issuing or 
guaranteeing the same; (5) A copy of any advertising matter 
which is to be used in connection with such promotion, and no 
advertising matter shall be used unless a correct copy of the 
same shall have been filed as herein provided; (6) The names 
and addresses of any and all agents by or through whom such 
securities are to be sold, and no agent shall be employed unless 
such information shall have been filed, and unless there shall have 
been paid into the state treasury a registration fee of one dollar 
($1.00) for each such agent, which fee shall be payment in full 
of all fees for registration of such agent until and including the 
first day of March next following; (7) A statement showing in 
detail the plan on which the business or enterprise is to be con- 
ducted; (8) A true copy of the articles or agreement of in- 
corporation or co-partnership, together with a copy of the char- 
ter and by-laws, if the securities be issued by a corporation. 


See. 5. License fees.—The application shall be accompanied 
by a receipt from the state treasurer for ten ($10.00) dollars for 
co-operative companies and all other organizations coming within 
the provisions of this article having a capital not exceeding twen- 
ty-five thousand ($25,000.00) dollars, and a receipt for twenty- 
five ($25.00) dollars in all other cases. 


Sec. 6. Forms prescribed by department.—The department 
shall prescribe the forms of applications and the forms of all 


—308- 


other blanks and documents to be used in connection with the 
administration hereof. 


Sec. 7. Examination by department—expense.—The depart- 
ment shall make a careful examination concerning the application 
and such other matters as it may deem necessary. The expenses 
of such examination shall be borne by the applicant who shall 
make a sufficient deposit to cover such expenses. 


Sec. 8. Public hearings.—When demanded a public hearing 
shall be had upon the application as soon as may be after the 
examination by the department at which hearing witnesses may 
be heard on behalf of the applicant, the department, or any per- 
son desiring to resist the application. 


See. 9. Power of department to subpoena.—The department 
shall have authority to issue subpoenas to bring witnesses from 
any part of the state, and such witnesses shall receive the same 
fees and mileage as witnesses in the district court. Any person 
who shall fail to obey a subpoena so issued, shall be deemed 
cuilty of a misdemeanor, and, upon conviction thereof, be fined 
in the sum of one hundred ($100.00) dollars. 


Sec. 10. Permit—when issued.—If the department find that 
the applicant has complied with all the requirements of law, and 
that there is no fraud in the proposed plan of organization or of 
doing business, or in the proposed sale of securities, the depart- 
ment shall issue to the applicant a permit to sell stock and seeuri- 
ties for one year, in such amount as the department may deter- 
mine. No stock shall be sold at less than par value or above 
par, except with the permission of the department, and all stock 
must be paid for either in money, in property, or in services at 
their actual market value. No watered or bonus stock or security 
shall be issued. All common and preferred stock shall have equal 
voting power. 

Sec. 11. Bond—when required.—The department, as a con- 
dition precedent to the issuance of any permit herein provided 
for, may require all officers, agents and persons handling moneys 
of the applicant to be sufficiently bonded. 


Sec. 12. Permit—when required.—If the department shall 
find that the applicant is insolvent or has not complied with all 
the requirements of law, or that there is fraud in the proposed 


teat « 


—309-. 


plan of doing business or in the sale of securities, or that the 
applicant has not sufficient net assets on which to base an issue 
of stock or securities, such application shall be denied. 


Sec. 13. Appeals—An appeal may be taken, by any person 
interested, from any order of the department to the district court 
of Laneaster County, Nebraska, as appeals are taken from boards 
of county commissioners. 


Sec. 14. Changes in articles of incorporation—notice to de- 
partment.—No business shall be transacted or attempted to be 
transacted after any change in the articles of incorporation or 
association, without notice to and the approval of the depart- 
ment. 


Sec. 15. Appointment of agents—When a permit shall have 
been granted to any applicant, such applicant may appoint agents 
to sell its stock or securities by making application to the depart- 
ment accompanied by a receipt from the state treasurer for one 
($1.00) dollar and a showing that such agent is a proper person. 

Sec. 16. Expenses of marketing stock—how paid.—The de- 


partment may authorize the use and expenditure of a reasonable 
percentage of the par value of stock or securities for the purpose 
of marketing the same but in no event shall-the department allow 
to exceed 15% of the par value of such stock or securities for such 
purpose. In addition thereto the department may allow not to 
exceed 214% of the par value of such stock and securities to be 
used for the purpose of paying the expenses of organization and 
promotion. 


Sec. 17. Non-resident sellers of stock—power of attorney.— 
Prior to issuing or selling any stocks or securities the applicant, 
if a non-resident of the state, and under the supervision of this 
article, shall file with the department an irrevocable power of 
attorney making the secretary of the department the attorney in 
fact of the applicant and all process issued in this state against 
the applicant in any section instituted in the county where the 
cause of action arose, may be served upon said attorney with 
same force and effect as if such applicant were a domestic com- 
pany having its principal office in such county. 

_. See. 18. Account filed—Every person within the purview 
of this article shall, while selling securities under the permit 


—310- 


therein provided for, on or before March Ist, of each year, file 
with the department a balance sheet and an income and property 
account for the year ending the thirty-first day of December pre- 
ceding, and shall, at any time, upon request of the department, 
file such a showing and submit to an examination of the records 
and affairs by the department. 


See. 19. Powers of department—revocation of permits.— 
Except as otherwise specifically provided herein the department 
shall have general supervision, regulation and control over the 
issuance of stocks and securities as defined in this article and 
shall have authority to revoke any permit granted, after notice 
and hearing for the infraction of any provision of this article, or 
any order of the department or for fraud or deceit. in the sale 
of securities. 


Sec. 20. Unlawful to declare unearned dividends.—No ap- 
plicant receiving a permit under this article shall declare a divi- 
dend in any amount whatsoever, unless such dividend has been 
earned. 


Sec. 21. Power of department to institute and prosecute 
civil actions.—In administering this article, the department is 
authorized and empowered to institute and prosecute in its name 
all civil actions, both legal and equitable, including mandamus 
and quo warranto. 


Sec. 22. Employment of assistants.—The department is au- 
thorized to employ such assistants as may be necessary to prop- 
erly administer this article. It shall also fix their compensation. 


See. 23. Violation—penalty.—Any person within the pur- 
view hereof, failing to file any statement required, shall be deemed 
euilty of a misdemeanor and shall be fined not more than one 
hundred ($100.00) dollars for each day in default. Any person 
refusing to submit to the examination herein provided shall be 
deemed guilty of a misdemeanor, and shall be fined not. less than 
one hundred ($100.00) dollars. Any person selling or negotiat- 
ing the sale of any stock or securities, not herein exempt, without 
a permit from the department as herein provided, shall be deemed 
guilty of a misdemeanor and shall be fined not less than one 
hundred ($100.00) dollars nor more than one thousand ($1000.00) 


—311- 


dollars and the sale or negotiating for sale of such share of stock 
and each security shall constitute a separate offense. 


Sec. 24. Conversion of funds to unauthorized purpose— 
penalty.—If any person as provided by this article, shall after 
procuring a license to sell the stocks and securities as provided 
herein, sell the same in accordance with the license procured and 
shall thereafter convert the funds procured from such sale to a 
different purpose or in a different manner than that which was 
represented to the department and upon which the license of the 
department was issued, such person shall be guilty of a felony 
and upon conviction thereof shall be punished by imprisonment 
in the penitentiary for not less than one (1) year nor more than 
ten (10) years. 


ARTICLE XXI. 


FIRE INSPECTION AND PREVENTION. 


Section 1. (R. 8. 2502) Investigation of fires—The depart- 
ment of trade and commerce, the chief of the fire department 
of every city or village in which a fire department is established, 
and the mayor of every city and the chairman of the board of 
trustees of every village in which no fire department exists, shall 
investigate the cause, origin and circumstances of every fire oc- 
eurring in such city or village, and the sheriff may be required by 
the department to investigate the cause, origin and circumstances 
of every fire occurring in his county without the limits of any 
organized city or village therein, by which property has been 
destroyed or damaged, and shall especially make investigation 
as to whether such fire was the result of carelessness or design. 
Such investigation shall be begun within two days, not including 
Sundays, after the occurrence of such fire, and the department 
of trade and commerce shall have the right to supervise and 
direct such investigation whenever it deems it expedient or neces- 
sary. The officer making investigation of fires occurring in cities, 
villages, or counties shall forthwith notify the department of 
trade and commerce, and shall within one week of the occurrence 
of the fire, furnish to the department a written statement of all 
the facts relating to the cause and origin of the fire, and such 
other information as may be called for by the blanks provided 


—312- 


by the department. Such record shall, at all times be open for 
public inspection. 

Sec. 2. (R. 8. 2503) Testimony taken and proved by de- 
partment.—The department of trade and commerce shall, when 
in its opinion further investigation is necessary take or cause 
to be taken testimony, on oath, of all persons supposed to be 
cognizant of any facts or to have means of knowledge in re- 
lation to the matter as to which an examination is herein required 
to be made, and shall cause the same to be reduced to writing; 
and if the department shall be of the opinion that there is evi- 
dence sufficient to charge any person with the crime of arson, it 
shall cause such person to be arrested and. charged with such 
offense, and shall furnish to the proper prosecuting attorney all 
such evidence, together with the names of witnesses and all the 
information obtained by it, including a copy of all pertinent and 
material testimony taken in the case. No action taken by the 
department shall affect the rights of any policy-holder in respect 
to his. loss by reason of any fire so investigated, nor shall the 
result of any such investigation, or the fact that an investigation 
was requested or made, be given in evidence upon the trial of 
any civil action upon such policy. 

See, 3. (2506) Dangerous buildings and premises a nuisance 
—abatement of.—Any building, or other structure, which for 
want of proper repair, or by reason of age and dilapidated con- 
dition, or for any cause, is especially liable to fire, and which 
is so situated as to endanger other buildings or property; and 
any combustible or explosive material, or inflamable conditions 
placed, kept, or existing in or upon any building or premises, 
which is dangerous to the safety of such buildings or premises, 
or when the same is so situated as to endanger other buildings 
or property, is hereby deemed and declared to be a nuisance; 
and any owner or occupant of such building or premises who 
shall cause, continue er maintain any such nuisance shall be © 
guilty of a misdemeanor, and, on conviction thereof, shall be 
fined in any sum not exceeding the sum of five hundred dollars 
and the court shall order such nuisance to be abated. 

Sec. 4. (2507) Order of abatement of destruction of 
premises.—The department upon complaint of any person having 
an interest in any building or property adjacent, and without 


—313- 


any complaint, shall have the right through its agents at all 
reasonable hours, for the purpose of examination, to enter into 
and upon all buildings and premises within its jurisdiction. 
Whenever the department shall find that any building or other 
structure, or any material place, kept or maintained in or upon 
any buildings or premises, constitutes a nuisancve within the 
meaning of the next preceding section, he shall order the same 
to be abated, and such order shall be forthwith complied with 
by the owner or occupant of such building or premises. The de- 
partment may, for and on behalf of the state of Nebraska, in- 
stitute an action in the district court of the county in which any 
building found by it to be a nuisance is situated, to have same 
declared to be a nuisance and order abated by the court. In such 
ease the owner of said building if his name and residence are 
known, shall be personally served with notice of the pendency 
of said action. Where the name of the owner of said building is 
known, but his place of residence is unknown and cannot with 
reasonable diligence be ascertained, if it shall appear to the satis- 
faction of the court by the affidavit of the department or of the 
‘county attorney of the county in which said building is situated, 
that the affiant does not know the address or residence of the 
defendant has not been able to ascertain same after reasonable 
_ and due inquiry, the court, or the judge thereof in vacation, shall 
authorize notice by publication of the pendency of said action, 
said notice to be given in the same manner as is provided in 
other cases under the code of civil procedure. It shall be suffi- 
cient where the name of the owner is unknown and cannot be 
found with reasonable diligence, to make the property upon 
which the building declared to be a nuisance is situated, the party 
defendant. In such ease notice by publication of the pendency of 
said action shall be sufficient unless the building is occupied in 
which case the occupant, if a resident of the state and county 
in which the building is situated shall be given personal notice 
of the pendency of said action. The same time shall be given 
for the filing of an answer in said case as is given for the filing 
of an answer in an ordinary civil action. - 

If upon the trial of said cause the court shall find that the 
building or other structure constitutes a nuisance within the 
meaning of the next preceding section, he shall so find, and order 


—314- 


said nuisance to be abated; and in such case the department shall 
have a lien upon said building or the materials of which it was 
composed for the reasonable fees and expenses in connection with 
said abatement, including the costs incurred in said action of 
abatement. 


If there be immediate and pressing necessity for the abate- 
ment of the nuisance and the owner of the building found to be 
a nuisance by the department is not a resident of the county 
where said building was found, or is absent therefrom, the de- 
partment may immediately abate such nuisance by tearing down 
or removing said structure or building, doing no more damage 
to the material therein contained than is necessary and shall have 
a lien on the said building or the materials of which it was com- 
posed, for its reasonable charges and expenses in connection with 
said department. Nothing herein contained shall be construed 
to limit or restrict in any way the prosecution of the owner or 
occupant of such building under the provisions of the criminal 
code providing for the punishment and abatement of nuisanee. 


Sec. 5. Failure to comply with order—penalty.—Any person 
who shall fail to comply with the order issued by the department 
of trade and commerce to abate a nuisance as in this article de- 
fined, shall be guilty of a misdemeanor and upon conviction, shall 
be fined in any sum not exceeding one hundred ($100.00) dollars. 
Each Day’s maintenance of a nuisance ordered abated shall con- 


stitute a separate offense. 


See. 6. (2510) ‘Tax on insurance companies.—For the pur- 
pose of paying the expenses of carrying out the provisions of this 
article, every fire insurance company except farmers’ mutuals, 
whether upon the stock or mutual plan, doing business in the 
state of Nebraska, shall pay to the state treasurer in the month 
of January, annually, in addition to the taxes now required by 
laws to be paid by such companies, three-eights of one per cent 
on the gross fire premium receipts, after deducting cancellations 
and re-insurance, of such companies on all business done in Ne- 
braska the year next preceding, as shown by their annual state- 
ments, which sum shall be paid on or before the first day of 
January of each year, and no certificate shall be issued by the 
department to any such company, authorizing it to do or con- 


—315- 


tinue business in this state while any such percentage or tax re- 
mains due and unpaid. 


land 


Sec. 7. (2514) Fees for reporting fires to department.— 
The chiefs of fire departments, the mayors of cities and chairmen 
of the board of trustees of villages, who do not receive compen- 
sation for their services as such chiefs, mayors or chairmen and 
sheriffs who are by this article required to report fires to the de- 
partment of trade and commerce, shall be paid the sum of one 
dollar and fifty cents for each fire so reported to the satisfaction 
of the department, and, in addition thereto, mileage at the rate 
of ten cents per mile for each mile actually and necessarily 
traveled to the place of any fire. Such payment shall be made 
at the close of each fiscal year, out of any funds appropriated 
for the use of the office of the department of trade and commerce. 


Sec. 8. (Ch. 73, R. 8. 1915) Fire escapes—chutes—or to- 
boggans.—Every building now or hereafter used, in whole or in 
part as a public building, public or private institution, office or 
store building, theatre, public hall, place of assemblage or place 
of publie resort, more than two stories high and containing above 
ground floor, offices, assembling hall, work rooms or a room in- 
tended to be used as a place of amusement, all or any of which 
rooms are designed for occupancy by fifteen or more persons, 
shall be provided with one or more fire proof stairways, chutes, 
or toboggans constructed on the outside thereof, placed in such 
position and as many in number as may be designated by the 
department of trade and commerce. 


All school houses and buildings used for school purposes of 
two or more stories in height shall be equipped as provided in 
the preceding sentence of this article. 


Such fire-proof stairways, chutes or toboggans shall connect 
the cornice with the top of the first story of such building by a 
wrought iron or steel platform, properly surrounded with a 
wrought iron or steel railing. Platforms shall be constructed 
on a level with the floor of each story and of sufficient length to 
permit access to the same from not less than two windows of each 
story. Said platforms shall be so constructed as to be of con- 
venient access from the interior of the building, ecommodious in 
size and form and of sufficient strength to be safe for the purpose 


—316- 


of ascent and descent. All buildings more than two stories in 
height used for manufacturing purposes, mercantile establish- 
ments, schools, hospitals or other institutions, where twenty-five 
or more persons congregate at any one time, shall be provided 
with one automatic metallic fire escape for every twenty-five per- 
sons, for which accommodations are provided above the second 
floor, the material, design and location of which shall be subject 
to the approval of the department. AI! theatres, including moy- | 
ing picture theatres and other places of amusement, school houses 
and buildings used for school purposes shall have proper exits, 
opening outward, which shall not be less than three feet wide 
by six feet six inches high. All operating booths for apparatus 
involving the use of a combustible film more than ten inches in 
length shall be constructed of galvanized iron or other metal, 
lined with asbestos and otherwise constructed according to the 
regulations of the department. The department of trade and 
commerce or any person deputized by it shall have authority to 
inspect all such theatres or other places of amusement and pre- 
scribe regulations for the construction and operation of the same. 


Sec. 9. (R. S. 3124) Stand-pipes in rooming houses and 
hotels.—In every existing hotel, rooming house, apartment house, 
or restaurant, and in any hereafter erected, four stories or more 
in height, and containing fifty or more sleeping rooms, there shall 
be at least two inside standpipes under water pressure, with 
sufficient hose attached at all times. Such standpipes shall be 
not less than two inches in diameter on four story buildings and 
increase one inch in diameter for each two stories’ additional 
height, or shall conform in size to water service of the city or 
village in which the same is located. 

See. 10. (R. 8.3125) Same—LH very existing hotel building, 
rooming house or apartment house, exceeding fifty-five feet and 
not over one hundred feet in height, unless already provided 
with a three-inch or larger standpipe, on the outside, and all 
buildings hereafter erected exceeding fifty-five and not exceed- 
ing one hundred feet in height, shall be provided with a vertical 
standpipe of not less than four inches in diameter. For every 
existing hotel, rooming house, or apartment house building ex- 
ceeding one hundred feet in height, unless already provided with 
a tour-inch or larger standpipe, and for all buildings hereafter 


—317- 


erected exceeding one hundred feet in height, there shall be pro- 
vided a vertical standpipe not less than six inches in diameter. 
Such standpipes shall be of wrought iron or steel and, together 
with fittings and connections, shall be of such strength as to 
safely withstand at least three hundred pounds of water pressure 
to the square inch, when installed and ready for service. Such 
standpipes shall have one hose valve on the roof and a hose valve 
at each floor opening with double siamese automatic valves at the 
bottom, about one foot above the curb level and adjusted looking 
down at an angle of forty-five degrees. All valve openings shall 
be of brass protected by a substantial brass cap, and all fittings 
and threads shall be of the size and form to fit regulation fire 
department hose. Such standpipes shall, where possible, be at- 
tached to the fire escape with iron ladder, for use of firemen, 
running the full height of the building and over the roof, and all 
hose connections shall be toward the building. This section shall 
not apply in cities or villages, not equipped with water works 
and fire fighting equipment suitable for using vertical standpipe. 


Sec. 11. (R. 8S. 3126) Fire escapes—hotels and rooming 
house.—Every hotel, rooming house, apartment house or restau- 
rant in this state, occupied by twenty persons or more, which has 
fifteen or more sleeping rooms above the second floor, shall be 
equipped with an iron stairway, fire escape or fire escapes on 
the outside of the building, connected to the cornice of the build- 
ing, with openings from each floor, which shall be well fastened 
and secured, with landing not less than six feet in length and 
three feet in width, guarded by iron railings not less than thirty 
inches in height. Such landings shall be connected by an iron 
stairway not less than two feet wide with steps of not less than 
six inches tread, the stairway to be placed at an angle of not 
more than forty-five degrees. The way of egress to such fire 
escapes shall, at all times, be kept free and clear of all obstruc- 
tions. At every opening to every fire escape a red light shall be 
kept burning at night. Fire escapes shall be placed where the 
department of trade and commerce may direct. In case there 
are more than fifteen sleeping rooms on each floor, above the 
second floor, there shall be provided one such fire escape for each 
additional fifteen sleeping rooms on each floor. There shall be 
posted and. maintained in conspicuous places on each hall and 


—318- 


each guest room, except in the hall and rooms on the ground floor 
of such hotel, plainly written notices reading, ‘‘Fire escapes are 
indicated by red lights.’’ Every hotel, rooming house and apart- 
ment house less than four stories high and having less than fif- 
teen sleeping rooms on the third floor, shall have hallways pla- 
carded to indicate all stairways and exits, and shall keep in each 
outside room, a five-eighth inch knotted rope of sufficient length 
to reach the ground, to be fastened six feet above the floor near 
a window in a substantial manner and capable of sustaining at 
least five hundred pounds weight; or, in lieu of such knotted 
rope, any automatic fire escape, approved by the department of 
trade and commerce. 


Sec. 12. Halls and exits required on upper stories of three- 
story hotels and rooming houses.—Any building three stories or 
more in height, constructed as or converted into a hotel, rooming 
house or apartment house, shall be constructed with one main 
hall on each floor above the ground floor, with exits through the 
outside wall or walls. Outside fire escapes, ropes or automatic 
appliances shall not be required in hotels having interior fire 
proof stairways approved, as such, by the department of trade 
and commerce. 


Sec. 18. (R. S. 8128) Fire extinguishers.—Every hotel, 
rooming house, apartment house or restaurant, three stories high 
shall be provided with one fire extinguisher of a style and size 
approved by the department of trade and commerce on each 
flcor containing twenty-five hundred square feet or less of floor 
area, and one additional fire extinguisher on each floor for each 
twenty-five hundred feet or less of additional floor area. Such 
extinguisher or extinguishers shall be placed in convenient loca- 
tions in a public hallway outside of the sleeping rooms at or near 
the head of the stairs, and shall always be in a condition for use. 


See. 14. Violation—penalty.—Any one violating any of the 
provisions of this article for which no other specific penalty is 
provided shall be deemed guilty of a misdemeanor and, upon 
conviction, shall be fined in the sum of five dollars for each offense 
and each day’s noncompliance shall constitute a separate offense. 


—319— 


TITLE VI. 
DEPARTMENT OF PUBLIC WELFARE 


ARTICLE I. 


tHENERAL POWERS. 


Section 1. Scope.—The department of publie welfare shall 
have general supervision and control over matters relating to 
public health, sanitation and the general public welfare; and 
shall provide for examination as in this title provided; and en- 
force the provisions of this title; and have supervision over all 
matters of quarantine and quarantine regulations. ? 


Sec. 2. Medical affairs—The department of public welfare 
shall have the right ai all times to inspect the equipment and 
methods of teaching in all medical colleges and medical schools 
of the state, and shall have the power to refuse examination to 
the graduates of any school which, on proper notice and hear- 
ing, shall be adjudged not a medical college or medical school 
in good standing as defined by the laws of this state. 


ARTICLE IL. 
SUPERVISORY POWERS OVER HEALTH. 


DIVISION I. 
PHYSICIANS AND SURGEONS. 


Section 1. (2717) Who may practice medicine.—No per- 
son shall practice medicine, surgery or obstetrics or any of the 
branches thereof, in this state, without first having applied for 
and obtained from the department of public welfare a license so 
to do.» Application therefor shall be in writing, and shall be 
accompanied by the examination fees hereinafter specified and 
with proof that the applicant is of good moral character. <Ap- 
plications from candidates who desire to practice medicine and 
surgery in any or all their branches shall be accompanied by 
proof that the applicant is a graduate of a medical school or 


—320- 


college in good standing. When the application aforesaid has 
been inspected by the department of public welfare and found 
to comply with the foregoing provisions, the department shall 
notify the applicant to appear before it for examination at the 
time and place mentioned in such notice. The examination shall 
be of a character sufficiently strict to test the qualifications of the 
candidate as a practitioner. The examination of those who de- 
sire to practice medicine and surgery in any or all their branches 
shall embrace those subjects and topics, knowledge of which is 
commonly and generally required of candidates for the degree of 
doctor of medicine, by reputable medical colleges in the United 
States. All examinations provided for in this article shall be 
conducted under rules and regulations prescribed by the depart- 
ment which shall provide for a fair and wholly impartial method 
of examination, by a board of three examiners to be chosen by 
the department, who shall be graduated physicians of seven 
years consecutive practice, and for such services they shall re- 
ceive $15.00 per diem, and actual expenses incurred in the dis- 
charge of their duties, provided that examinations on practice of 
medicine and therapeutics shall be conducted by the member, or 
members, of such board who are of the same school of medicine 
as that of the applicant; and it is further provided, that the said 
department may at its discretion admit, without examination, 
legally qualified medical practitioners, who hold certificates to 
practice medicine in any state with requirements equal to those 
of the state of Nebraska. 


Sec. 2. (2718) Requirements for practice of medicine.— 
The term medical college or school in good standing, for the pur- 
pose of this article, shall be defined as follows: (1) A legally 
chartered medical school or college requiring for admission at 
least a diploma from an accredited high school of this or some 
other state, or a certificate from the state superintendent of public 
instruction showing that the applicant has successfully passed an 
examination covering the branches of study embraced in an ac- 
eredited high school course, which requirements shall be regular- 
ly published in all the advertisements and in each prospectus or 
catalogue issued by such medical college or school; (2) that said 
medical college or school in good standing shall show evidence 
of modern methods in all its branches of instruction and demon- 


—321- 


stration; (3) that its equipment and facilities for medical instruc- | 
tion shall be modern and shall be kept up to date by the purchase 
from time to time and use of such equipment as the department 
shall prescribe; (4) that said medical college or school in good 
standing shall keep and maintain a library consisting of up to 
date text books and periodicals dealing with medical subjects 
and questions; (5) that each such medical college or school in 
good standing shall have access to, own or control, a hospital, 
and shall conduct a dispensary for poor patients, in both of which 
the students of said medical college or school shall be required 
to regularly participate in the treatment of cases; (6) that said 
medical college or school in good standard shall have a faculty 
of at least four who devote their entire time to the teaching of 
medicine and its associated branches in said school and the re- 
mainder of the faculty shall be composed of representative mem- 
bers of the medical profession; (7) that such medical college or 
school shall also require as a requisite for granting the degree 
of M. D., attendance upon at least four courses of lectures of 
eight months each, no two of such courses to be held within one 
year and having a full faculty of capable professors in all the 
different branches of medical education, to-wit: anatomy, physio- 
logy, chemistry, toxicology, pathology, hygiene, materia mediea, 
therapeutics, obstetrics, bacteriology, medical jurisprudence, 
gynecology, principles and practice of medicine and surgery, 
and specially requiring clinical instruction in the last two named 
of not less than four hours per week in each week during the 
last two courses of lectures. 


Sec. 8. (2719) Issuance and filing of certificate —If upon 
investigation of the proofs submitted to the department, and 
after the examination, as hereinbefore provided, the applicant 
shall be found entitled to practice, there shall be issued to said 
applicant the certificate of said department under its seal stating 
such fact, and it shall be the duty of the applicant, before prac. 
ticing, to file such certificate or a copy thereof in the office of the 
county clerk of the county in which he or she resides, or in which 
he or she intends to practice; such certificate or copy shall be 
filed by the county clerk and by him recorded in a book kept for 
that purpose, properly indexed, to be called the ‘‘Physicians 
Register’? and for such services the county clerk shall receive 


—3822- 


from the applicant the same fees as are allowed to the register 
of deeds for the recording of conveyances. 


Sec. 4. (2720) Removal of physician to another county.— 
Any person who shall have obtained a certificate provided by this 
article and shall remove to another county shall, before the en- 
tering upon the practice of his profession in such other county, 
cause said certificate to be filed and recorded in the office of the 
county clerk of the county to which he has removed. 


See. 5. (2721) Unprofessional conduct.—The department 
of public welfare may refuse to issue a certificate, or may revoke 
one already issued for any of the causes defined in this section, 
to-wit: The employment of fraud or deception in applying for 
license or diploma or in passing the examination provided for in 
this article; conviction of crime involving mortal turpitude; 
habitual intemperance in the use of ardent spirits, narcotics or 
stimulants, unprofessional or dishonorable conduct. The words 
‘‘unprofessional’’ or ‘‘dishonorable conduct,’’ as used herein, are 
declared to mean: 


First: The procuring or aiding or abetting in procuring a 
criminal abortion ; 


Second: The obtaining of a fee on the assurance that a 
manifestly incurable disease can be permanently cured; 


Third: Betrayal of a professional secret to the detriment 
of a patient; 


Fourth: Causing the publication and circulation of adver- 
tisements of any medicine or means whereby the monthly periods 
of women can be regulated or the menses can be established, if 
suppressed ; 


Fifth: Causing the publication and circulation of advertise- 
ments of any kind relative to diseases of the sexual organs tend- 
ing to injure the morals of the public. 


Sec. 6. (2722) Actions to recover for medical services.— 
No person shall recover in any court in this state any sum of 
money whatever for any medical, surgical or obstetrical services, 
unless he shall have complied with the provisions of this article, 
and is one of the persons herein authorized to be registered as a 
physician. i 


—325— 


Sec. 7. (2723) Practicing without a license.—Any person 
not possessing the qualifications for the practice of medicine, 
surgery, or obstetrics, required by the provisions of this article 
who shall engage in the practice of medicine, surgery, or ob- 
stetrics, or any of the branches thereof, in this state, shall be 
deemed guilty of a misdemeanor, and on conviction thereof shall, 
for each offense, be fined in any sum not less than fifty dollars, 
nor more than three hundred dollars. 


Sec. 8. (2724) ‘‘Practice’’ defined.—Any person shall be 
regarded as practicing. medicine, within the meaning of this 
article who shall operate on, profess to heal or prescribe for, or 
otherwise treat any physical or mental ailment of another. Noth- 
ing in this article shall be construed to prohibit gratuitous serv- 
ices in case of emergency, and this article shall not apply to com- 
missioned surgeons in the United States army and navy nor to 
nurses in their legitimate occupations, nor to the administration 
of ordinary household remedies. : 

Sec. 9. (2725) Doctors dividing fees—-No physician or 
surgeon shall divide fees with, or promise to pay a part of his 
fee to, or pay a commission to any other physician or surgeon 
or person who ealls him in consultation or sends patients to him 
for treatment or operation. Any physician or surgeon who pays 
or receives any money prohibited by this section shall be punished 
by a fine of not more than one hundred dollars and be liable in a 
civil action to the patient for the full amount received. 

See. 10. (2726) Itinerant vendors of drugs, etc.—Any 
itinerant vendor of any drug, nostrum, ointment, or appliance 
of any kind intended for the treatment of any disease or injury, 
or who shall by writing, printing, or any other method, publicly 
profess to cure or treat disease or injury, or deformity, by any 
drug, nostrum, manipulation, or other expedient, shall be deemed 
guilty of a misdemeanor, and upon conviction thereof shall be 
fined in any sum not less than fifty dollars nor more than one 
hundred dollars, or be imprisoned in the county jail for a period 
of not less than thirty days nor more than three months, or both. 

See. 11. (2727) Examination of candidates.—Every holder 
of a diploma from a recognized medical college within the State 
of Nebraska, making application for an examination and a ecerti- 
ficate under the provisions ofthis article, shall pay to the de- 


—324— 


partment prior to his examination the sum of ten dollars. All 
other persons making such application shall pay to the depart- 
ment of public welfare the sum of twenty-five dollars. All such 
fees shall be equally divided among the members of the board 
making such examination as full compensation for their services 
and expenses. For the taking of any testimony each of the mem- 
bers of the board of examiners shall be entitled to charge and 
receive such fees as are provided for notaries public for similar 
services. No part of such fees shall be paid out of the state 
treasury. — 


DIVISION 2. 
OSTEOPATHY AND OSTEOPATHIC PHYSICIANS. 


Section 1. License required—application—examination— 
special permits.—No person shall practice osteopathy and surgery, 
or any or the branches thereof, in this state without having ap- 
plied for and obtained from the department of public welfare a 
license so to do. Application therefor shall be in writing, and 
shall be accompanied by the examinaion fees hereinafter speci- 
fied, and with proof that the applicant is of good moral charac- 
ter. Applications from candidates who desire to practice osteo- 
pathy and surgery shall be accompanied by proof that the appli- 
cant is a graduate of a school or college of osteopathy in good 
standing. When the application aforesaid has been inspected by 
the department of public welfare and found to comply with the 
foregoing provisions the department shall notify the applicant 
to appear before it for examination at the time and place men- 
tioned in such notice. The examination shall be of a character 
sufficiently strict to test the qualifications of the candidate as a 
practitioner. The examination of those who desire to practice 
osteopathy and surgery shall embrace all topics and knowledge 
which is commonly and generally required of a candidate for a 
degree for Doctor or Diplomat of Osteopathy by reputable schools 
in good standing as hereinafter defined. All examinations pro- 
vided for in this article shall be conducted under the rules and 
regulations prescribed by the department which shall provide 
for a fair and wholly impartial method of examination by a 
board of three examiners to be chosen by the department, who 
shall be regularly licensed osteopathic physicians actually en- 


—325— 


gaged in the practice of Osteopathy in the state of Nebraska, who 
have been so engaged at least five years immediately prior to their 
appointment. KHxaminations may be dispensed with in the dis- 
eretion of said department in case of an Osteopathic physician 
duly authorized to practice osteopathy in any other state or the 
District of Columbia, if such state or district is maintaining a 
standard of qualifications equal to the standard maintained in 
this state, who presents a certificate or license issued by such 
state or district accompanied by a fee of twenty-five ($25.00) 
dollars. 


_A special permit may be granted by the department of public 
welfare to an applicant deemed by it to be eligible but such spe- — 
cial permit shall not operate beyond the date of the next regular 
or special examination held for the examination of applicants. 

Sec. 2. Revocation of license—The department of public 
welfare may revoke a certificate for unprofessional conduct of 
the licensee. | 


Sec. 3. Investigation and issuance of certificate—rights con- 
ferred.—If upon investigation of the proof submitted to the de- 
partment and after examination, where examination is required, 
as hereinbefore provided, the applicant shall be found entitled 
to practice, there shall be given to said applicant the certificate 
of said department under its seal, stating such fact, and it shall 
be the duty of the applicant, before practicing, to file such certi- 
ficate or a copy thereof in the office of the county clerk of the 
eounty in which he or she intends to practice. Such certificate 
or copy shall be filed by the county clerk and by him recorded in 
the book. kept for that purpose to be ealled the ‘‘ Physicians 
Register’’ and for such service the county clerk shall receive 
from the applicant the same fees as allowed to the register of 
deeds for the recording of conveyances. Said certificates shall 
confer upon the holder thereof the right to practice osteopathy 
in all its branches, but it shall not authorize the holder thereof 
to prescribe or use drugs in the treatment of diseases except 
where the use thereof was taught in the school or college of 
osteopathy of which the applicant is a graduate, at the time of 
his attendance at such school, and then only in those cases and 
in the manner in which the applicant has been taught to use the 
same. Nothing in this act shall be construed so as to authorize 


—326- 


the administration, by an osteopath, of drugs excepting anesthe- 
tics, antidotes for poisons and narcotics for temporary relief of 
suffering. Osteopathic physicians shall perform only such opera- 
tions in surgery as was fully taught in the school or college of 
which the applicant is a graduate at the time of his attendance. 


Sec. 4. Examination fees.—Every applicant making applica- 
tion for an examination and a certificate under the provisions of 
this article shall pay to the department the sum of $25.00. All 
such fees shall be equally divided among the examiners appointed 
under this act and making such examinations as full compensa- 
tion for their services. 


= 


Sec. 5. Duty to report vital statistics, ete.—Osteopathic 
physicians shall observe and be subject to all state and muni- 
cipal regulations relative to reporting all births and deaths and 
ali matters pertaining to the public health, the same as physi- 
eians of schools of medicine, and such reports shall be accepted 
by the officers of the department to which the same are made. 


Sec. 6. Unlawful practice—penalty.—Any person who shall 
falsely represent himself to be a qualified osteopath or shall prac- 
tice or attempt to practice osteopathy or use the science or sys- 
‘tem of osteopathy in treating the diseases of the human body 
without having first complied with the provisions of this article — 
and obtained a license to so practice, shall be deemed guilty of 
a misdemeanor, and upon conviction shall be fined in any sum not 
less than twenty-five dollars nor more than one hundred dollars, 
or be confined in the county jail not less than three months nor 
more than six months. Any person, who, for the purpose of de- 
celving, shall use any form of letters representing the word 
‘‘osteopath’’ shall be deemed guilty of a misdemeanor, and upon 
conviction be fined in any sum not less than twenty-five dollars 
nor more than one hundred dollars or be confined in the county 
jail not less than three months nor more than six months. 

Sec. 7. College of osteopathy defined.—The term school or 
college of osteopathy in good standing shall be defined as fol- 
lows: A legally chartered osteopathic school or college requir- 
ing for admission to its course of study a preliminary education 
equal to the requirements for graduation of an accredited high 
school, and shall further require before granting the degree of 


—327-— 


diplomat or doctor of osteopathy, and (an) actual attendance at 
such osteopathic school or college of at least thirty-two months 
or four terms of eight months each, its course of study to inelude 
the subjects and the minimum hours taught in each thereof as 
follows: Anatomy, five hundred forty hours; Chemistry, three 
hundred hours; Pathology, two hundred fifty hours; Toxicology, 
fifty hours; Pediatrics, one hundred hours; General Surgery, four 
hundred fifty hours; Obstetrics, two hundred hours; Histology, 
one hundred eighty hours; Physiology, three hundred hours; 
Hygiene and Dietetics, thirty-six hours; Practice, Therapeutics, 
General Diagnosis, and Technique, one thousand fifty hours; 
Dermatology and Syhillis, forty-five hours; Orthopedic Sur- 
gery, forty-five hours; Gunecology, one hundred twenty-five 
hours; Embryology, seventy hours; Bacteriology, one hundred 
fifty hours; Comparative Therapeutics, seventy-five hours; Nerv- 
ous and Mental diseases one hundred fifty hours; Jurisprudenee, 
Ethics and Economies, forty-five hours; Genito-Urinary diseases, 
forty-five hours; Eye, Ear, Nose and Throat, one hundred twenty 
hours. The number of hours herein prescribed for the study of 
any subject may be reduced not more than twenty per cent, but 
the total number of hours prescribed shall not be reduced. The 
foregoing requirements shall be published in each catalogue of 
such osteopathic school or college. 


See. 8. Partial examinations—fees, etc.—Any candidate for 
license or certificate to practice osteopathy in this state may be 
permitted to submit himself for examination in those studies and 
subjects completed at the end of the second year of college train- 
ing, and if such examination is satisfactory and discloses that the 
applicant has mastered the subjects covered by such examination 
he shall be given credit therefor on his final examination. The 
applicant, before taking such partial examination, shall pay to 
-the department the sum of fifteen dollars, which shall be equally 
divided among the members of the board making such examina- 
tion as full compensation for their services. The applicant upon 
final examination shall pay to the department an additional sum 
of fifteen dollars which shall be turned over to the board and 
divided among them as in the ease of the other fees. 


—328— 


DIVISION 3. 
CHIROPRACTIC. 


Section 1. License required.—No person shal) practice chiro- 
practic in this state without having applied for and obtained from 
the department of public welfare a license so to do. 

Sec. 2. License—examination.—Any person not licensed in 
this state, before engaging in the practice of chiropractic in this 
state, shall make application for a certificate to practice accom- 
panied by a fee of twenty-five dollars ($25.00). Said application 
must be upon forms furnished by the department and inelude: 
First, The name and residence of the applicant. Second: The 
date of applicant’s diploma and evidence that such diploma was 
granted on personal attendance and completion of a course of 
not less than three terms of nine months each, said course to be 
preceded by an educational training equivalent to that of a regu- 
lar four years high school course. Third: The name of the school 
or college of chiropractic of which said applicant is a graduate, 
which said school must be a chartered institution in good reputé 
at the time of granting such diploma. If the facts thus set forth 
shall meet the requirements prescribed by the rules of the de- 
partment, the applicant shall be entitled to take the examination 
before a board of three examiners to be chosen by the department, 
who shall be regularly licensed chiropractics in the state and who 
have been actively engaged in the practice of chiropractic at 
least five years immediately prior to their appointment. The 
examination shall include the subjects of anatomy, physiology, 
chiropractic, symptomatology, nerve tracing, chiropractic ortho- 
pedy, hygiene, principles of chiropractic, and adjusting, as taught 
by chiropractic schools and colleges. All applicants who shall 
correctly answer seventy-five per centum (75%) of all questions 
asked, and not fail to answer correctly sixty per centum (60%) 
of the questions on any branch of said examination, shall be en- 
titled to a certificate finding that he or she is entitled to receive 
from the department a license to practice chiropractic in the 
state of Nebraska. The applicant, before practicing, Shall file 
the same or a copy thereof in the office of the county clerk in the 
county in which he or she resides or intends to practice. The 
eounty clerk shall record the same in a book to be called 


—329— 
‘‘Physicians Register’’ and receive the same fees for recording 
as for recording conveyances. Any person failing to pass such 
examination may be re-examined at the next regular examination 
within one year from the time of such failure, without additional 
fee. The department may in its discretion, dispense with the 
examination in case, first, of a chiropractor duly authorized to 
practice chiropractic in any other state or territory or the Dis- 
trict of Columbia who presents a certificate or license issued 
after an examination by the legally constituted board of such 
‘state, territory or District of Columbia, accorded only to appli- 
eants of equal grade with those required in this state; or second, 
a chiropractor who has been in the actual practice of chiropractic 
for five years, who is a graduate of a reputable school of chiro- 
practic of equa! grade with those of Nebraska, who may desire 
to change his residence to this state and who makes application 
on a form to be prescribed by the department, accompanied by a 
fee of twenty-five dollars ($25.00). A special permit may be 
granted by the department to an applicant deemed by it eligible, 
but such special permit shall not operate beyond the date of the 
sueceeding regular or special meeting of the examiners. In all 
of the above provisions the fee shall be the same as charged to 
applicants for examination. 


Any person shall be regarded as practicing chiropractic with- 
in the meaning of this article who shall adjust by hand any 
articulation of the spine. Nothing in this article shall be con- 
strued to prevent any legally qualified physician from perform- 
ing any operation or manipulation found necessary in the prac- 
tice of his profession. Any chiropractor who has complied with 
the provisions of this article and obtained a license may adjust 
by hand any articulation of the spine, but shall not prescribe 
for or administer to any person any medicine or drugs now or 
hereafter included in materia medica, perform any minor surgery 
only as hereinbefore stated, nor practice obstetrics, nor practice 
osteopathy. 


Chiropractic practitioners shall observe and be subject to all 
state and municipal laws and regulations relating to the control 
of contagious and infectious diseases, sign death certificates, and 
any and all matters pertaining to public health, reporting to 
proper heulth officers the same as other practitioners. 


—330- 


A certificate may be refused to any person convicted of 
felony or gross unprofessional conduct, or to one addicted to any 
vice to such a degree as to render him unfit to practice chiro- 
practic, and for like reasons the certificate and license shall be 
revoked upon due notice and hearing. 


Sec. 3. Examination—fees.—Every applicant making appli- 
cation for an examination and a certificate under the provisions 
of this article shall pay to the department the sum of twenty-five 
($25.00) dollars, all such fees to be equally divided among the 
members of the board making such examinations as full com- 
pensation for their services. 


Sec. 4. Removal license fee.—All persons practicing chiro- 
practic within the state shall pay, on or before the first day of 
September of each year, after a license is issued to them as here- 
in provided, to the department of public welfare a renewal license 
fee of two ($2.00) dollars, and thereupon the department of public 
welfare shall issue a renewal of his certificate of registration. 


See. 5. Unlawful practice—penalty.—Any person who shall 
falsely represent himself to be a qualified chiropractor, or shall 
practice or attempt to practice chiropractic, or any person who 
shall buy, sell, or fraudulently obtain any diplomas or license to 
practice chiropractic, whether recorded or not, or who shall use 
the title chiropractor, D. C., Ph. C., or any word or title to induce 
belief that he is engaged in the practice of chiropractic without 
first complying with the provisions of this article, or any person 
who shall violate any of the provisions of this article, shall be 
deemed guilty of a misdemeanor, and upon conviction thereof 
shall be punished by a fine of not to exceed one hundred ($100.00) 
dollars, or by imprisonment in the county jail for a period not to 
exceed three months. at the discretion of the court. 


DIVISION IV. 


DENTISTS AND DENTAL SURGERY. 


Sec. 1. Unlawful to practice without license.—It shall be 
unlawful for any person to engage in the practice of Dentistry in 
the State of Nebraska, unless such person shall have obtained a 
license from the department of public welfare, countersigned by 


—331-— 


the State Board of Dental Examiners duly appointed under the 
provisions of this Article. 

See. 2. Board of dental examiners—appointment—duties.— 
It shall be the duty of the department of public welfare to see 
that the provisions of this Act are strictly enforced, to grant the 
certificates as hereinafter provided, and to cause to be prosecuted 
all violations thereof. The department of public welfare shall 
appoint five members to serve for a term of five years, of whom 
“one shall be appointed each year in the month of July from a 
list of five dentists submitted by the Nebraska State Dental 
Society at its last annual meeting, said appointments to be made 
as terms of the present incumbents expire. Such members shall 
have been actively and legally engaged in the practice of Den- 
tistry in the State of Nebraska for at least five years preceding 
the date of their appointment, and none of such appointees shall 
be members of the faculty of any dental college or dental depart- 
ment of any medical college, nor shall have any financial interest 
in any such college or department. Said members shall hold office 
for a term of five years, or until their successors are duly ap- 
pointed or qualified. In case vacancy occurs in the office of the 
Board of Dental Examiners the department of public welfare 
shall fill such vacancy by appointment, within thirty days after 
it occurs, the appointee to serve the unexpired term of the mem- 
ber whose place becomes vacant. 


Sec. 3. Registration.—There shall be an annual registration 
of every person or persons having a license to practice dentistry 
within the State, and it shall be the duty of the department of 
public welfare, not later than the first day of December of each 
year to prepare and mail to every person having a license to prac- 
tice dentistry within the State, a document to be known as the 
‘‘Annual Registration Blank,’’ upon which shall be a proper 
space for the endorsement of the name, residence and location 
of office of the person to whom the same is sent; and it shall be 
the duty of every person upon the receipt of said blank to fill 
in the name, residence and location of office of said person; and 
said blank shall be fully completed and returned to the said de- 
partment of public welfare within thirty days after its receipt, 
together with the sum of One Dollar as an annual registration 
fee, which is hereby required to be paid; for the failure to comply 


—332— 


herewith, the person shall, upon conviction, be liable to a fing 
of not less than Ten Dollars nor more than Fifty Dollars, to be 
collected by the State and paid into the County treasury, and 
the license of such persons to practice dentistry may be revoked 
for failure to register and pay the registration fee as herein 
provided. | 


Sec. +. Board of dental examiners organization —mueatine 
—specific duties—The Board of Dental Examiners shall have 
the power and it shall be their duty to assist and advise the State 
Department of public welfare in the performance of its duties, as 
prescribed by this Article. To that end they shall organize by 
the election of one of their number a President, another as Vice- 


President, another as Secretary and Treasurer. They shall meet 


in regular session during the months of June and November, at 
such times and places as they may designate, and may meet at 
such other times and piaces in special session as they may deem 
advisable, or, upon the call of the President of said Dental Ex- 
aminers, or at the notification of the Secretary of Public Welfare, 
a written notice of the time, place and object of any special meet- 
ing shall be mailed by the Secretary of said Dental Examiners 
to all members of the Board of Dental Examiners not parties t6 
the call, at least fifteen days before the day of meeting. It shall 
further be their duty at their regular sessions to examine all ap- 
plicants for permanent license to practice dentistry according 
to the provisions of this article, and thereupon make recommenda- 
tions to the department of public welfare; to collect and apply 
ali fees as directed by the provisions of Hite article; to keep a 
book showing the names of all persons to whom lidanae: have 
been granted by the department of public welfare to practicé 
dentistry, and such other books as may be necessary to plain’ . 
show the acts and proceedings of said department of public wel- 
fare and of said Board of Dental Examiners. 


Sec. 5. Same—compensation.—Out of the funds coming into 
the hands of the said Board of Dental Examiners, as hereinafter 
provided, each member of said Board of Dental Examiners may 


receive, as compensation, Ten Dollars for each day actually spent 


in attending meetings in the discharge of the duties of his office, 


and the actual expense of each member of said Board of Dental 


—333- 


Examiners in traveling to and from the place of meeting and 
while attending such meeting of said Board of Dental Examiners. 


See. 6. Books of board open for inspection.—All the books 
of the State Board of Dental Examiners shall be public records, 
open to the public inspection, at all times, and a certified copy 
thereof, or any part thereof, shall be receivable as evidence in 
any court in this state. The original shall be kept in ithe office 
of the person appointed as secretary of said State Board of 
Dental Examiners, wherever he may reside, and he shall furnish 
a certified copy thereof, or any part thereof, to any person mak- 
ing application therefor; PROVIDED: he may require the ap- 
plicant to pay twenty-five cents for each one hundred words, or 
major fraction thereof, so copied, such fee to belong to said secre- 
tary as his compensation for such work. 


Sec. 7. Removal of board members for neglect of duties.— 
The department of public welfare of the State of Nebraska shall 
have the power to remove from office at any time any member 
of the Board of Dental Examiners for continued neglect of duty, 
incompetency, or unprofessiona! or dishonorable conduct. 

See. 8. Hxaminations.—The State Board of Dental Examin- 
ers shall examine, at their regular sessions only, all applications 
for permanent license who shall furnish satisfactory evidence of 
having complied with the provisions of the fifth next following 
section, relating to the qualification for examination, and shail 
recommend the granting of a license to all persons satisfactorily 
passing such examination, and upon such recommendation of the 
State Board of Dental Examiners, the department of public wel- 
fare shall grant a license to practice dentistry in the state of 
_ Nebraska under the signature of the Secretary of said department 
and countersigned by said State Board of Dental Examiners. 
The examination of applicants shall be elementary and practical! 
in character, but sufficiently thorough to test the fitness of the 
eandidate to practice dentistry. It shall be written in English 
and shall include questions on the following subjects: Antomy, 
physiology, chemistry, materia medica, therapeutics, metallurgy, 
histology, pathology, oral surgery, operative and prothetic den- 
tistry, hygiene and dental jurisprudence, and such other subjects 
as are usually found in the curriculum of a dental college. 

Demonstrations of the applicant’s skill in operative and pros- 


—334— 


thetic dentistry shall aiso be required. In no case shall any ap- 
plicant be examined or be given a certificate who is not at least 
twenty-one years of age. It shall be the duty of said State 
Board of Dental Examiners to give final examinations to all 
students who may so desire, who have completed two years in-a 
recognized dental college, on the subjects completed in said years, 
or said State Board of Dental Examiners-may at their discretion 
accept the final examination papers in those subjects completed 
in the Freshman and Sophomore years in lieu of the said final 
examinations. PROVIDED: that no dentist who shall have been 
regularly engaged in the practice of dentistry in this state prior 
to January 1, 1905, shall be required to take an examination. 


See. 9. Same—practical work.—It shall be the duty of the 
State Board of Dental Examiners to cause at least two of their 
number to be present at the infirmary of each of the dental col- 
leges, schools or departments, legally conducted in the State of 
Nebraska of which the applicant is a graduate and give final and 
practical examination in operative and prosthetic dentistry. 

See. 10. Same—character—qualifications or experience— 
evidence.—The department of public welfare or any member of 
the State Board of Dental Examiners may inquire of an appli- 
cant for examination concerning his character, qualifications or 
experiences, and may take testimony with respect thereto from 
anyone under oath which they are hereby empowered to ad- 
minister. 

See. 11. License registered with county clerk.—Every per- 
son who shall hereafter be licensed to practice dentistry in this 
state shall within six months thereafter, register in the office of 
the clerk of the county where his place of business is located, in 
a book kept by the clerk for such purposes, and called a Register 
of Dentists, his name, age, office address, date and number of 
license to practice dentistry and the date of such registration, 
which registration he shall be entitled to make only upon show- 
ing to the county clerk his license, making an affidavit stating 
his name, age. birthplace, the number of his license and the date 
of its issue; that he is the identical person named in the license; 
that before receiving the same he complied with all the pre- 
liminary requirements of this statute and the rules of the de- 
partment of public welfare as to the terms and amount of study 


—330— 


and examination; that no money other than the fees prescribed 
in this statute and said rules, was paid directly or indirectly for 
the license; and that no fraud, misrepresentation or mistake in 
a material regard was employed or occurred in order that such 
license should be conferred. : 


The county clerk shall preserve such affidavit in a bound 
volume and shall issue to every licentiate duly registering and 
making such affidavit, a certificate of registration in his county, 
_ which shall include a transcript of the registration. Such trans- 
script and license may be offered as a primary evidence in all 
courts of the facts therein stated. A copy of such certificate of 
registration shall be sent by the county clerk to the Secretary 
of the department of public welfare within five days after it is 
made. The county clerk’s fee for taking such registration and 
affidavit and issuing such certificate of registration shall be one 
doilar. A practicing dentist having received lawful authority to 
practice dentistry in any one county of the state, and removing 
such practice, or part thereof, to another county shall show, or 
send by registered mail, to the clerk of such other county his 
certificate of registration. If such certificate clearly shows that 
the original registration was of authority issued by the depart- 
ment of public welfare, or if the certificate of registration itself 
is endorsed by the secretary of the department of public welfare 
as entitled to registration, the clerk shall thereupon register the 
applicant in the register of dentists of the latter county on a 
receipt of a fee of one dollar and shall stamp or endorse on such 
certificate or registration the date and his name, preceded by the 
Rm ML es AGC OUSLY OCA 809 110.0605). asc iesekc wan sec asgtvapeoaavevcdossustits! County,’’ 
and return the certificate of registration to the applicant. Any 
lawfully registered person who shall thereafter change his or her 
name according to law shall register the new name with a mar- 
ginal note of the former name with the clerk of the county or 
counties where he is practicing, and the clerk shall note upon 
the margin of his or her former registration in ink, the fact of 
such change, and a cross reference to the new registration. The 
clerk shall forthwith notify the Department of such change. Any 
county clerk who shall make or knowingly allow to be made 
upon the register of dentists kept in his office any entry other 
than provided for in this article, shall be. liable to a penalty of 


—336— 


fifty dollars. Any failure, neglect, or refusal on the part of any 
person holding such license to register the same with the clerk of 


said county as above directed for a period of six months after 


the issuance thereof shall IPSO FACTO work a forfeiture of his 
license, and it shall not be restored except upon payment to the 
said State Board of Dental Examiners of the sum of twenty-five 
dollars. Any suspension, revocation, or reinstatement shall be 
with the date thereof forthwith noted by the county clerk on the 


margin of the registration thereof upon the receipts cf notice © 


from the Secretary ofthe State Board of Dental Examiners. 


Sec. 12. No person shall be eligible for examination for a 
license by said State Board of Dental Examiners unless he shall 
furnish satisfactory evidence of having graduated from a re- 
putable dental college, and shall present satisfactory evidence of 
having the preliminary education of fourteen Carnegie units, or 
shall furnish to the State Board of Dental Examiners a certificate 
of the State Board of Dental Examiners or a similar body of 
some other state of the United States showing that the applicant 
has been a licensed practitioner of dentistry in that state for the 
last five years just previous; PROVIDED, this section shall not 
prevent students from taking the ax uniiunion above provided at 
the end of their second year. 

Sec. 13. The term ‘‘reputable dental college’’ shall be held to 
mean a dental college or dental department of any university or 
college which shall be adjudged reputable by the Nebraska de- 
partment of public welfare when its State Board of Dental Ex- 
aminers, in session, after due examination, report that the 
institution in question fully meets the requirements for gradua- 
tion are such that they would recommend it for recognition 
by the other dental colleges in the United States. 

Sec. 14. Fees.—Every person applying to the department 
of public welfare for a license to practice dentistry at the regu- 
lar semi-annual meeting, shall pay to the treasurer of said State 
Board of Dental Examiners a tee of twenty dollars which in no 
case shall be refunded. Any person desiring to obtain a license 


to practice dentistry may take said examination at a special 


meeting of the Board to be called for that purpose upon the pay- 
ment of the regular fee herein provided, and addition thereto, 
ali the necessary expenses incident to the conducting of said 


Re eee eae ea 


—337- 


special examination; and if more than one applicant, the expense 
of conducting said special examination shall be pro-rated among 
the applicants. All students who take the examination in the 
subjects completed at the end of the second year, as above pro- 
vided, shal] at the time of taking such examination pay a fee of 
ten dollars, and when their final examination is taken in all other 
studies after graduation, shall pay a further fee of ten dollars, 
which fee shall in no ease be refunded. When an applicant for 
a license fails to pass an examination, no extra chatge or fee 
shall be demanded for a second examination. Necessary ex- 
penses, compensation of said State Board of Dental Examiners 
in attendance on meetings and expenses incurred in the prosecu- 
tions of violations of this article, and the salary of the secretary 
of the State Board of Dental Examiners, not to exceed two hun- 
dred and fifty dollars per year, shall be paid.out of the fees and 
funds provided for in this article. All moneys received for 
lheenses shall constitute a fund as hereinbefore provided and 
may be expended only on the joint order of the President and 
Secretary of said State Board of Dental Examiners. 


Sec. 15. ‘*Practice’’ defined.—Any and all persons shall be 
understood to be ‘‘practicing’’ dentistry, within the meaning of 
this article, who shall for a fee, salary or reward, paid directly 
or indirectly, either to himself or to some other person, perform 
operations of any kind upon, or treat diseases or lesions of the 
human teeth or jaw, or correct irregularities thereof, or display 
a sign, or in any other way advertise himself as a dentist; but 
nothing in this article shall prohibit BONA FIDE students of 
dentistry from operating in the clinical departments of a reput- 
able dental college, or an unlicensed person performing merely 
mechanical work on inert matter in a dental office or laboratory, 

or a duly licensed physician from treating diseases of the mouth, 
3 or performing operations in oral surgery. But nothing in the 
provisions of this article shall be construed to permit the per- 
formance of dental operations by any unlicensed persons under 
cover of the name of a regular practitioner of dentistry. 

Sec. 16. Acts prohibited.—Any person shall be guilty of a 
misdemeanor, and upon conviction thereof shall be punishable 
with a fine of not less than fifty dollars, or more than five hun- 
dred dollars, or by imprisonment of not less than five days nor 


—338— 


more than ninety days in the county jail, or both by fine and 
imprisonment, who: 

First—Shall barter or sell, or offer to barter or sell any 
diploma or document, conferring or purporting to confer any 
dental degree, or any certificate or transcript, made or purport- 
ing to be made pursuant to the laws mens the license and 
registration of dentists; or 


Seecond—Shall purchase or procure by barter any such 
diploma, certificate or transcript, with intent that the same shall 
be used as evidence of the holder’s qualifications to practice 
dentistry, or in fraud of the laws regulating such practice; or 


Third—Shall, with fraudulent intent, alter in a material way 
any such diploma, certificate or transcript; or 


Fourth—Shall use or attempt to use any such diploma, cer- 
tificate or transcript, which has been purchased, fraudulently 
issued, counterfeited, or materially altered, either as a license 
or color of license to practice dentistry, or in order to procure 
recistration as a dentist; or | 

Fifth—Shall practice dentistry under a false or assumed 
name; or 


Sixth—Shall assume the degree of ‘‘Doctor of Dental Sur- 
gery,’’ or ‘‘Doctor of Dental Medicine,’’ or shall append the let- 
ters ‘‘D. D.S.,”’ or ‘‘D. M. D.’’ to his or her name, the same not 
having been duly conferred upon him or her by diploma from a 
recognized dental college or school legally empowered to confer 
the same, or shall assume any title, or append any letters to his 
or her name with intent to represent falsely that he or she has 
received a dental degree or license; or 

Seventh—Shall in an affidavit required of an applicant for 
examination, license or registration, under this article, wilfully 
make a false statement in a material regard; or 

Eighth—Shall engage in the practice of dentistry under any 
title without causing to be displayed in. a conspicuous manner 
and in a conspicuous place in his or her office the name of each 
and every person employed in the practice of dentistry pene: 
in; or 

Ninth—Shall within ten days after demand, made by the 
Secretary of the department of public welfare, fail to furnish to 


-339— 


said Secretary the name and address of all persons practicing 
or assisting in the practice of dentistry in the office of said per- 
son, at any time within sixty days prior to said notice together 
with a sworn statement showing under and by what license or 
authority said person or said employee is and has been practicing 
dentistry ; or . 

Tenth—Is practicing dentistry in the state without a license, 
or after his or her license has been revoked or suspended. 


Sec. 17. Rights of colleges.—Nothing in the foregoing sec- 
tion shall affect the conferring of degrees and granting of 
diplomas by reputable dental colleges of this state, nor shall their 
rights and privileges under the laws of this state be hereby 
abridged in any manner. 

See. 15. License revoked—when.—The department of public 
welfare may revoke or suspend the license of any dentist for any 
of the following causes: 


1. Conviction of a felony or misdemeanor involving moral 
turpitude, in which case the reeord of conviction, or certified 
copy thereof, certified by the clerk of the court, or the judge in 
whose court the conviction is had, shall be sufficient evidence. 


2. For unprofessional conduct, gross ignorance, or incom- 
petency in his profession. ‘‘Unprofessional conduct’’ shall mean 
the employment of what are known as cappers, or steerers, to 
obtain business; the obtaining of any fee ky fraud of any mis- 
representation; wilfully betraying professional secrets; employ- 
ing directly or indirectly any student or suspended or unlicensed 
dentist to perform operations of any kind, or to treat lesions of 
the human teeth or jaws, or correct malimposed formations 
thereof, except as provided in this article; the advertisement of 
dental business, or treatment, or devices, in which untruthful, 
improbable, or impossible statements are made; or habitual in- 
teinperance or gross immorality. 


See. 19. Same—complaint.—The proceedings to revoke or 
suspend any license under the first sub-division in the next pre- 
ceding section, must be had by the department of public welfare 
on the receipt of a certified copy of the record of conviction. 


All accusations must be in writing, verified by some party 
familiar with the facts therein charged, and must be filed with 


—340- 


the secretary of the department of public welfare. Upon receiv- 
ing the accusations and upon recommendation of the Board of 
Dental Examiners, the department of public welfare, if it deem 
the charge sufficient, may make an order setting the same for a 
hearing and requiring the accused to appear and answer at a 
specified time and place, and the secretary of said department 
shall cause a copy of the order and of the accusation to be served 
upon the accused at least ten days before the day appointed in 
the order, to answer the charges and make his defense thereto, 
unless for sufficient cause the department of public welfare as- 
sign another day for that purpose. If he-does not appear, the 
department of public welfare may proceed and determine the ac- 
cusation in his absence. If the accused plead guilty or refuse 
to answer the charges or upon a hearing thereof the department 
of public welfare shall find them or any of them to be true, it may | 
proceed to a judgment revoking or suspending the license of the’ 
accused. The department of public welfare and the accused may 
have the benefit of counsel, and the department of public welfare 
shall have the power to administer oaths, and take the deposi- 
tions of witnesses in a manner provided by law in civil eases. 
Upon the revocation of any license the fact shall be noted upon 
the records of the department of public welfare and the license 
shall be marked as cancelled, upon the date of its revocation. 
Whenever a license is revoked or suspended as herein provided, 
and the person whose license is revoked or suspended as herein 
provided, appeals, said person shall have no right to practice 
dentistry pending said appeal, and any person practicing den- 
tistry as hereinafter defined after his license is revoked or sus- 
pended during said appeal, shall be deemed guilty of a misde- 
meanor and upon conviction thereof, shall he fined not less than 
$50.00 nor more than $500.00 or imprisonment of not less than 
five days nor more than ninety days in the county jail, and in 
addition thereto may be enjoined as hereinafter provided. 
Sec. 20. Violation — injunction — procedure — penalty. — 
Whenever any person is found violating any of the provisions of 
this act, the department of public welfare or any citizen max 
maintain an action in equity in the name of said department, or 
said citizen to perpetually enjoin said person from doing any of 
the acts above described, said action to be brought in the county 


—341- 


in which said acts are claimed to have been committed, and in 
such action the court or a judge in vacation, shall, upon the pre- 
sentation of a petition therefor alleging the doing of any of said 
act or acts and the filing of a bond to be approved by the court, 
allow a temporary writ of injunction, upon presentation of a copy 
of the order revoking or suspending the license, if the act consists 
of a violation of the revocation or suspension, and in all other 
cases if it shall be made to appear to the satisfaction of the court 
or judge in the form of an affidavit, deposition, oral testimony or 
otherwise as the claimant may elect, that the acts have been com- 
mitted, unless the court or judge shall direct the form and man- 
ner in which the testimony is to be presented. Three days’ notice 
in writing shall be given the defendant of the hearing of the 
application, and if then continued at his instance the temporary 
writ as prayed, shall be granted as a matter of course. When 
‘an injunction has been granted it shall be binding on the defend- 
ant throughout the state, and any violation of its provisions shall 
be a contempt and prosecuted as hereinafter provided. In ease 
of violation of any injunction granted under the provisions of 
this act the court, or in vacation, the judge thereof, may sum- 
marily try and punish the accused. Proceedings may be com- 
menced by filing with the clerk of the court any information 
under oath setting out the alleged facts constituting said viola- 
ticn upon which the offender shall be arrested. The trial may be 
had upon affidavits or either party may demand the production 
and oral ¢xamination of the witnesses, if within the jurisdiction 
of the court. A party found guilty of contempt under the pro- 
visions of this section, shall be punished by a fine of not less 
than $50.00 and not more than $500.00 or by imprisonment in the 
county jail for not less than thirty days nor more than six months, 
or by both fine and imprisonment. 


Sec. ‘21. Report.—The State Board of Dental Examiners 
shall make an annual report of their proceedings to the state 
department of public welfare, by the first of December of each 
year, together with an account of all moneys received and paid 
out of into the state treasury by them pursuant to this article. 

| np Sec, 22. License issued by other states—The department of 
public welfare, upon the recommendation of the State Board of 
Dental Examiners, may, without examination, issue a license to 


—342—- 


practice to any dentist who shall have been in legal practice in 
some other state or territory for a period of at least five years 
just previous, upon the certificate of the State Board of Dental 
Examiners of the state or territory in which such dentist was a 
practitioner, certifying his competency and that he is of good 
moral character and upon the payment of twenty dollars; pro- 
vided, however, the state from which any practitioner may come 
shall have and maintain equal standards of laws regulating the 
practice of dentistry and recognize exchange certificates issued 
by the department of public welfare of the State of Nebraska. 
Provided, further, that said applicant shall be compelled to take 
a practicai satisfactory examination in operative and prosthetic 
dentistry before the State Board of Dental Examiners before 
said license shall issue. 


DIVISION V. 
NURSES. 


Section 1. Certificate required—application—fees—quailifi- 
cations.—No person, unless previously registered or licensed to 
aci, as a registered nurse in this state at the time this act becomes 
operative, shall be allowed to practice as a trained, graduate, or 
registered nurse without first applying for and obtaining a certi- 
ficate for such purpose from the department. Such application 
shall be made to the department in writing, and shall be accom- 
panied by a fee of five ($5.00) dollars, together with satisfactory 
proof tha: the applicant is a citizen of the United States and an 
actual bona fide resident of the state of Nebraska, is not less than 
twenty-two (22) years of age, and after June first, 1920, has re- 
ceived an education equivalent to two years of high school, pro- 
vided, however, that such high school education shall not apply 
to persons in training at the time of the approval of this act; is 
-a graduate of and has a diploma from an accredited school f: 
nurses requiring a systematic course of three (3) years’ training. 
An accredited school for nurses within the meaning of this act 
Shall be a school primarily or by affiliation meeting the require- 
ments promulgated by the American National Red Cross. When 
such application is found satisfactory, the department shall notify 
the applicant to appear before it for examination. The examina- 


—343- 


tion shall be of a character sufficiently strict to test the qualifica- 
tions of the condidate as a practitioner, and shall be conducted 
under the rules and regulations prescribed by the department | 
which shall provide for a fair and wholly impartial method of 

examination by a board of three examiners to be chosen by the 
department, who shall be regularly licensed and registered 
trained nurses in Nebraska for a period of at least three years. 
The department, upon written application and upon payment of 
five ($5) dollars as registration fee shall issue a certificate with- 
out examination of the applicant, if said applicant has been 
revistered as a registered nurse under the law of another state 
having, in the opinion of said department, an equal or higher 
standard than the state of Nebraska for the registration of nurses. 


DIVISION VI. 
PHARMACY. 


Section 1. License required—application—fees—qualifica- 
tions—proof—examinations.—It shall be unlawful for any per- 
son, not heretofore licensed in this state, to practice pharmacy 
in any of its branches in this state without first having applied 
for and obtained from the department of public welfare a license 
so to do. Application therefor shall be in writing and shall be 
accompanied by an examination fee of five dollars and with proof 
that the applicant is of good mora] character, and is of the age 
of twenty-one years. Applications from candidates who desire 
to practice pharmacy shall be accompanied by proof either, First, 
that the applicant has had three years of practical experience 
under the instruction of a registered pharmacist and that he is a 
graduate of an accredited four year high school and shall have 
passed a satisfactory examination by the board of pharmacy as 
herein provided showing that the candidate’s knowledge of 
pharmacy is equal to that of a two year course of pharmacy in 
a recognized school or college of pharmacy or a department of 
pharmacy of a university or college, whose standards are equal 
to those recognized by the state board of pharmacy, or, Second, 
thet the applicant is a graduate of an accredited four year high 
school and is also a graduate of a school or college of pharmacy 
or a department of pharmacy of a university or college which 


—344— 


maintains a four year course in pharmacy, consisting of not less 
than thirty-six weeks of instruction each schoo] year with a vaca- 


tion of not less than two months intervening between each school — 


year, and conferring upon graduation the degree of ‘‘Bachelor 
of Seience.’’ Examinations shall be of such a character sufficient- 
ly striet to test the qualifications of the candidate as a practitioner 
and shall be conducted under rules and regulations prescribed 
by the department which shall provide for a fair and wholly im- 
partial method of examination, by a board of three examiners 
to be chosen by the department of public welfare, who shall be 
skillful retail apothecaries of seven years practical experience, 
actually engaged in said business in the state of Nebraska, and 
for such services they shall receive fifteen dollars ($15.00) per 
diem and actual expenses incurred in the actual discharge of 


their duties. In case of the failure of any applicant to pass a’ 


satisfactory examination, the money shall be held to his credit 
for a second examination at any time within a year. Examina- 
tion may be dispensed with by the department in case of a pharm- 
acist duly licensed and authorized to practice pharmacy in any 
other state, territory or the District of Columbia, who presents 
a certificate or license issued by such state, territory, or District 
of Columbia, accompanied by a fee of five dollars, provided the 
requirements of such state, territory or District of Columbia are 
equal to the requirements of this state. Licensed applicants shall 
be registered by the department as registered pharmacists. 


Sec. 2. (2730) ‘‘Licentiates’’ defined.—No person other 
than a licentiate shall be entitled to a register as a pharmacist. 
Licentiate in pharmacy within the meaning of this article shall 
be such person, not less than eighteen years of age who shall 
have had not less than three years practical experience in pharm- 
acy, or is a licentiate of a board of pharmacy, and who shall 
have passed a satisfactory examination touching his competency 
before said board of examiners. Licentiates in pharmacy shall 
at the time of passing their examination be registered by the 
department of public welfare as registered pharmacists. 


See. 3. Examination fees.—All persons making application 
for examination or registration as in this article provided, shall 
pay to the department of public welfare the sum of fifteen 
dollars. | 


ho Ma ke Lh IR TE BNW AEE 1 al Rei elds i adh Dele OE ca i Und code ce a Ee Lg 


—345— 


Sec. 4. (2782)—Renewal of registration.—Every registered 
pharmacist who desires to continue the practice of his profession — 
shall annually after the expiration of the first year of his regis- 
tration during the time he shall continue in such practice, on or 
before the 24th day of March of each year, pay to the said de- 
partment of public welfare, a registration fee of one dollar, for 
which he shall receive a renewal of said registration. Every ° 
person receiving a certificate under this article shall keep the 
same conspicuously displayed in his place of business. Every 
registered pharmacist shall, after changing his place of business 
or employment, as designated by his certificate, notify the de- 
partment of public welfare of his new place of business. If any 
plharmacist shall fail or neglect to procure his annual registra- 
tion or to comply with the other provisions of this section, his 
rizht to act as such pharmacist shall cease at the expiration of 
ten days from the time notice of such failure to comply with the 
provisions of this section shall have been mailed to him by the 
department, and such pharmacist shall be barred from the prac- 
tice of pharmacy until he shall have made application and passed 
the examination provided for in this article. 


See. 5. (2733) False representation.—Any registrations ob- 
tained through false representation shall be void, and the de- 
partment of public welfare may hear complaints and evidence, 
and may revoke such certificates as it may deem improperly held. 


See. 6. (2734) Pharmacy shall have registered pharmacist 
or assistant—penalty.—Any proprietor of a pharmacy who, not 
being a registered pharmacist, shall fail or neglect to place in 
charge of such pharmacy a registered pharmacist, or any such 
proprietor who shall by himself or any person permit the com- 
pounding cr dispensing of prescriptions or the vending of drugs, 
mcdicines or poisons in his store or place of business, except by 
or in the presence of, or in and under the supervision of a regis- 
tered pharmacist; or any person not being a registered pharma- 
cist, who shall take charge of or act as manager of such pharmacy 
or store, or who, not being a registered pharmacist shall retail, 
compound or dispense drugs, poisons or medicines of any kind, 
or any person violating any provisions of this article to which 
no other penalty is herein attached, shall be deemed guilty of a 
misdemeanor, and for every such offense, shall, upon conviction 


—346— 


thereof, be punished by a fine of not less than ten dollars nor 
more than one hundred dollars, or shall be imprisoned in the 
eounty jai! not less than ten days nor more than ninety days. 
Nothing in this article shall be construed to prohibit a registered 
pharmacist from employing an apprentice in pharmacy. | 

See. 7. (27385) Vendors of patent medicines and physicians 
exempt.—Nothing in this article shall prevent any wholesale or 
retail dealers in any business from selling any patent or pro- 
prietary medicines, nor any resident registered physician from 
dispensing his own medicines on his own prescription. 

Sec. 8. (2736) Adulteration—penalty.—No person shall 
add to or remove from any drug, medicine, chemical or pharma- 
ceutical preparation any ingredient or material, for the purpose 
of adulteration or substitution, which shall deteriorate the qual- 
itv, commercial value, or medical effect, or which shall alter the 
nature or composition of such drug, medicine, chemical or pharma- 
ceutical preparation, so that it will not correspond to the recog- 
nized tests of identity or purity. Any person who shall thus 
wilfully adulterate or alter, or cause to be adulterated or altered, 
or shall sell or offer for sale any such drug, medicine, chemical 
or pharmaceutical preparation, or any person who shall substitute 
or cause to be substituted one material for another, with the in- 
teition to defraud or deceive the purchaser, shall be guilty of a 
misdemeanor and, upon conviction thereof shall, for the first of- 
fense be fined not less than ten dollars nor more than one hundred 
dellars, and for each subsequent offense not less than twenty-five 
detlars nor more than one hundred dollars. 


DIVISION VII. 
OPTOMETRY. 


Section 1. License required—application—examination.— 
No» person shall practice optometry in this state without having 
applied for and obtained from the department of public welfare 
a license so to do. Applications therefore shall be in writing and 
shall be accompanied by the examination fees hereinafter speci- 
fied, and by proof that the applicant is of good moral character. | 
The department of public welfare shall notify the applicant to 
appear before it for examination at the time and place mentioned 


—347— 


in the notice. The examination shall be of a character sufficiently 
strict to test the qualifications of the candidate as a practitioner. 
All the examinations provided for in this article shall be con- 
ducted under the rules and regulations prescribed by the depart- 
ment, which shall provide for a fair and wholly impartial method 
of examination by a board of three examiners, to be chosen by 
the department who shall be persons regularly licensed to prac- 
tive optometry in this state and who have been actually engaged 
in such practice for a period of at least five years. 


Sec. 2. Certificate—issuance—filing—rights conferred.—lIf 
upon investigation of the proofs submitted to the department and 
after examination as hereinbefore provided, the applicant shall 
be found entitled to practice there shall be given to said appli- 
cant the certificate of said department under its seal stating such 
fact, and it shall be the duty of the applicant before practicing 
to file such certificate, or a copy thereof, in the office of the county 
clerk of the county in which he or she resides or intends to prac- 
tice. Such certificate or copy shall be filed and recorded by the 
eounty clerk. Said certificate shall confer upon the holder there- 
of the right to practice optometry in the state of Nebraska as 
defined in Section 3 of this article. 

Sec. 3. ‘‘Optometry’’ defined—application of article—The 
practice of optometry is defined to be the employment of any 
means, other than the use of drugs, for the measurement of the 
powers of vision and the adaptation of lenses for the aid thereof. 
The provisions of this article shall not be construed to apply to 
permanently located physicians duly licensed to practice medi- 
cine, osteopathy or chiropractic under the laws of this state, nor 
to persons who sell spectacles or eye glasses on prescription of 
any duly licensed optometrist or physician, nor to permanently 
located dealers in spectacles or eye glasses who neither practice 
nor profess to practice optometry. 


See. 4. Examination and certificate fee—Hvery applicant 
making application for an examination and a certificate under 
the provisions of this article shall pay to the department the sum 
of fifteen dollars. All such fees shall be equally divided among 
the members of the board making such examinations as full com- 
pensation for their services. 


—348— 


Sec. 5. (2825) Fees payable for license.—Every registered 


optometrist shall, in evéry year, pay to said department the sum 
of one dollar as a renewal license fee for such year; such payment 
shall be made prior to the first day of April in each year and in 
case of default of payment of such fee by any person, his certi- 
ficate may be revoked by the department. 


Sec. 6. Revocation of license——The department of public 
welfare shall revoke a certificate for unprofessional conduct of 
the licensee. 


Sec. 7. Violation—penalty.—Any person who shall violate 
any of the provisions of this article shall be deemed guilty of a 
misdemeanor, and, upon conviction thereof, shall be punished by 
a fine of not to exceed one hundred ($100.00) dollars or by im- 
prisonment in jail not to exceed thirty days. 


DIVISION VIII. 
CONTAGIOUS DISEASES. 


Section 1. (2737) County board prevent contagious dis- 
- eases.—The county boards of the several counties shall make and 
enforce regulations to prevent the introduction and spread of 
contagious, infectious: and malignant diseases in their respectie 
counties; to that end they shall make and enforce quarantine 
rules, and establish in each county a board of health. One mem- 
ber of the board of health shall be a legally registered physician, 
the board shall have jurisdiction throughout all the territory 
comprising said county, except incorporated cities and villages 
having the power to establish boards of health and quarantine 
regulations. When quarantine rules and regulations have not 
been made and a board has not been appointed as above provided 
for, the county board of supervisors or commissioners shall en- 
force the quarantine rule and regulations of the state board of 
health. | | | 

Sec. 2. Department of public welfare—rules—quarantine.— 
The department of public welfare shall have supervision and con- 
trol of all matters relating to necessary sanitation and quaran- 
tine, the department shall formulate, adopt and publish such 
proper and reasonable general rules and regulations as will best 
serve to promote sanitation throughout the state, and prevent 


—d49— 


the introduction or spread of disease. In addition to such gen- 
eral and standing rules and regulations, in ‘cases of emergency 
wherein the health of the people of the entire state or any local- 
ity therein shall be menaced by or exposed to any contagious, 
infectious or epidemic disease or diseases arising from unsanitary 
conditions, or when a local board of health having jurisdiction 
of a particular locality shall fail or refuse to act with sufficient 
promptitude and efficiency in any such emergency, or in loeali- 
ties wherein no local board of health shall have been established, 
as provided by law, the department of public welfare shall adopt 
and enforce special quarantine and sanitary regulations such as 
the occasion and proper protection of the public health may re- 
quire. All necessary expenses ineurred in the enforcement cf 
such rules and regulations shall be paid by the city, village or 
county, for and within which the same shall have been incurred. 
All officers and other persons shall obey and enforce such quaran- 
tine and sanitary rules and regulations as may be adopted by the 
department of public welfare. Any person who shall fail, neglect 
or refuse to obey or enforce such rules or regulations shall, upon 
conviction, be fined not less than fifteen dollars or more than 
one hundred dollars for each offense. 


Sec. 3. (2740) Contagious diseases reported to department. 
—All boards of health and physicians in localities where there are 
no boards of health, or where such boards fail to act, shall report 
to the department of public welfare promptly upon the discovery 
thereof, the existence of any one of the following diseases, viz: 
Asiatic cholera, yellow fever, smallpox, scarlet. fever, diphtheria, 
typhus and typhoid fever and such other contagious and infecti- 
ous diseases as the state board of health may from time to time 
specify. Any member of the board of health, or other officer or 
physician, knowing of the existence of any such disease, who 
shall fail promptly to report the same in accordance with the 
provisions of this section, shall be deemed guilty of a misde- 
meanor, and upon conviction thereof, shall be fined in any sum 
not less than ten dollars nor more than one hundred dollars for 
each offense. 


See. 4. (2743) Common drinking cup—department may 
prohibit use.—To prevent the spread of communicable diseases, 
- the department of public welfare may prohibit in such public 


—350- 


places, vehicles or buildings as it may designate, the use of a 
common drinking cup and to establish rules and regulations for 
this purpose. 

Sec. 5. (Chap. 181, 1917) Duties of department.—It shall 
-be the duty of the department of public welfare, in addition to 
other duties provided by law, to secure and maintain in all parts 
of the state, an efficient registration of births and deaths, and 
official record and notification of reportable diseases; to provide 
popular literature upon the different branches of public health 
and distribute the same free throughout the state in a manner 
best calculated to promote that interest; to prepare and exhibit 
in the different communities of the state public health demonstra- 
tion, accompanied by lectures, and moving pictures and in all 
other effective ways to prevent the origin and spread of diseases 
and promcte the general public health. 

Sec. 6. Violation—penalty.—Any person violating any of 
the provisions of this article or any lawful rule or regulation of 
the department of public welfare, shall be deemed guilty of a 
misdemeanor, and upon conviction, be fined in any sum not ex- 
eceding twenty-five dollars for each offense. 


DIVISION IX. 


VITAL STATISTICS. 


Section 1. Duties of the state department of health.—The 
department of public welfare shall provide. for the registration 
of births and deaths, and shall promulgate and enforce such 
rues as are necessary to carry out the purposes of this article. 

Sec. 2. Registration districts.—Each city, village and town- 
ship shall constitute a primary registration district. 

Sec. 3. Local registrars—The department shall appoint 
local registrars who shall have such territorial jurisdiction as 
may be conferred upon them by the department. 

Sec. 4. Same—tenure of office—deputies.—Local registrars 
shall hold office during the pleasure of the department. They 
stall, immediately after their appointment, select deputies to act 
for them when they are absent, ill, or otherwise disqualified. 


See. 5. Birth certificate—form—contents.—A birth certifi- 


—351— 


caie in the form prescribed by the United States census bureau 
shall be filled out by the physician, or other person in attendance, 
for every child born in the state, or if no person was in attend- 
ance, then by the parent, the superintendent of any institution 
in which the birth may have occurred, or by some other responsi- 
ble person. Such certificate shall be filed with the local registrar 
within three days after any birth. In case the child is not then 
named, a supplemental certificate reporting its given name shall 
be filed as soon thereafter as such child is named. 


Sec. 6. Death certificate—form—contents.—A death certifi- 
cate in the form prescribed by the United States census bureau 
shall be filled out by the physician last in attendance, if one was 
in attendance, or if not, by the coroner or local health officer, of 
every person dying or found dead in this state. Such certificate 
shall be filed with the local registrar before the body is interred 
or otherwise disposed of, or removed from the locality where the 
death occurred. Upon receipt thereof, the local registrar, shall 
issue a burial or removal permit. No body shall be interred or 
accepted by a railroad company for transportation without the 
registrar’; permit and a copy of the death certificate. All burial 
or removal permits when received shall be dated and counter- 
sivened by the sexton of the cemetery or the agent of the trans- 
pertation company as the case may be, and returned within ten 
days to the local registrar by whom issued with a report as to 
the disposition made of the body. 


Sec. 7. Child born dead—how registered.—A child born 
dead shall be registered as a birth and also as a death. In such 
cases separate certificates of both the birth and the death shall 
be filed with the local registrar in the usual form, and the month 
of uterogestation as nearly as possible shall be stated. Such cer- 
titicate shall not be required for a child that has not advanced 
to the fifth month of utero-gestation. If the attendant was not 
a physician, the death shall be referred to the health officer or 
county attorney for certification. 


See. 8. Certificates—how written—when complete.—Certifi- 
eates shall be written legibly in durable black ink and shall not 
be deemed complete unless they disclose or satisfactorily account 
for the omission of all items of information ealled for. 


—352- 


Sec. 9. Local registrars—reports by.—Local registrars shall, 
ou the fifth day of each month, forward to the department the 
oviginal certificates filed with them during the preceding month. 
In ease no birth or no death has occurred, the local registrar 
shall so report on a card provided for that purpose. 


Sec. 10. Removal permits.—A removal permit issued in ac- . 
cordance with the law of the place where the death occurred, 
may be accepted by the local registrar of the place where the 
bedy is to be interred or otherwise disposed of, as a basis for the 
issuance of a burial permit, and in his return to the state registrar, 
the place of death shall be stated. When no physician was in at- 
tendance, the undertaker or local registrar shall refer the case 
to the health officer for a death certificate.* If the circumstances 
indicate that death was caused by neglect, violence, or any un- 
lawful means, the case shall be referred to the county attorney 
for investigation and certification, and he shall state the cause 
of death and the means or instrument by which it was produced. 


Sec. ll. Retail dealers in caskets—records—reports.—Hvery 
retail dealer in caskets shall keep a record of sales which shall 
include the name and postoffice address of the purchaser, and the 
name, and the date and place of death of the deceased. A report 
thereof shall be forwarded to the department on the first day 
ot each month. This requirement shall not, however, apply to 
sallers of caskets to dealers or undertakers only. Every seller. 
or a casket at retail who does not have charge of the disposition 
of the body, shall enclose within the casket a notice calling at- 
tention to the requirements of the law, and a blank certificate of 
death. 


Sec. 12. Maternity homes and lying-in hospitals—reports.— 
Maternity homes and lying-in:hospitals and places used as such, 
shall report to the department quarterly on the first day of 
January, April, July and October the sex and date of birth of 
all children born in their respective institutions during the pre- 
ceding quarter. The report shall also show the names and ad- 
dresses of the parents and attending physicians. 

Sec. 138. Additional duties of department.—The department 


shall supply all necessary blanks, forms and instructions to the 
local registrars, and through them to physicians and undertakers. 


—353— 


It shall, quarterly, certify to the county board of each county the 
number of certificates of birth and death received from each local 
registrar in the county. For each certificate and for each report 
of no birth or no death, the local registrar shall be entitled to the 
sum of twenty-five cents to be paid by the county. 


See. 14. Same.—The department shall preserve permanent- 
ly and index all certificates received. It shall, on payment of a 
fee of: fifty cents, furnish any applicant therefor a certified copy 
o any certificate. For a search of the records and files a charge 
ot fifty cents for each hour or traction thereof employed shall be 
made. The department shall, upon request of any parent or 
guardian who shall require the information for the purpose of 
admitting a child to school or securing employment, supply, with- 
out charge a certificate limited to a statement of the date of 
birth. The United States census bureau may obtain, without 
expense to the state, transeripts or certified copies of certificates 
without the payment of any charge. 


See. 15. Violation—penalty.—Any person violating any of 
the provisions of this act shall be deemed guilty of a misdemeanor 
aud upon conviction thereof, shall be fined in any sum not less 
than ten ($10.00) dollars nod more than one hundred ($100.00) 
dollars, or be imprisoned in the county jail for not more than 
sixty days, or both. 

See. 16. (2754) County judge report marriage license.— 
The county judge of each county shall on or before the first day 
o: February of each year, return to the secretary of the depart- 
ment of public welfare, upon suitable blank forms, to be provided 
by the state, an abridged statement of all marriage licenses is- 
sued by him during the preceding calendar year, specifying in 
each case; 1. Record number and date of the licenses. 2. Full 
names of the husband and wife. .3. Residence of each party. 
4. The color of each party. 5. The age of each party. 6. Date 
or marriage. 7. Place of marriage. 8. By whom the marriage 
ceremony was performed. 9. Names of parents or guardians 
where either party is under age. Upon neglect or refusal to make 
such returns, such county judge shall, for each such neglect or 
refusal forfeit and pay the sum of twenty-five dollars for the 
use of the proper county, to be collected as debts of like amount 
are now collectible. 


—354— 


Sec. 17. (2755) Department tabulate marriage reports.— 
The department of public welfare shall annually prepare, from 
said returns, abstracts and tabular statements of the facts relat- 
ing to marriage in each county. 

Sec. 18. (2756) District clerk report divorce.—The clerk 
of the district court of each county shall on or before the first — 
day of February of each year make and return to the department 
of public welfare upon suitable blanks furnished by the depart- 
ment a statement of each suit for annulment of marriage or 
divorce brought or acted upon in the court of which he is clerk, 
during the preceding calendar year specifying in regard to each 
case as follows. 1. Record number. 2. Full name of plaintiff 
and defendant. 3. Age of each. 4. Color of each. 5. Ocen- 
pation of each. 6. Date of marriage. 7. Place of marriage. 
&. Residence of each at time of marriage. 9. Date of separa- 
tion. 10. Date of filing the petition. 11. The alleged cause or 
eavises for annulment or divoree. 12. Whether mtemperance 
was a direct or indirect cause. 13. Kind of relief prayed for. 
14. Residence of each at time of suit brought. 15. Manner of 
service of summons. 16. Whether the suit was contested or not. 
17. Date of decree. 18. Nature of decree. 19. Final disposi- 
tion of case. 20. Whether alimony was asked—and granted. 
21. Number of children by the marriage. 22. Number of chil- 
dren affected by the decree. 23. If cross-bill was filed a similar 
return relating thereto. For such returns each clerk shall receive 
twenty-five cents for each case, to be paid by the county, Upon 
neglect or refusal to make such returns, such clerk shall, for each 
neglect or refusal, forfeit and pay the sum of twenty-five dollars, 
for the use of the proper county; to be collected as debts of like 
amount are now collectible. 


See. 19. (2757) Department tabulate divorce reports.—The 
department of public welfare shall annually prepare, from said 
returns, abstracts, and tabular statements of facts relative to 
divorcee in each county. 


DIVISION X. 
MATERNITY HOMES. 


Section 1. (2758) ‘‘Maternity Home’’ defined.—Whoever 
keeps for care or treatment within a period of six months, more 


—355— 


than one woman during pregnancy, or during or after delivery, 
except women related by blood or marriage; or has in his or her 
eustody or control, at any one time, two or more infants under 
the age of two years, unattended by parents or guardians, for 
the purpose of providing them with care, food and lodging, except 
infants related to him or her by blood or marriage, shall be 
deemed to maintain a maternity home or maternity boarding 
house, or home for the care of infants, or lying-in-hospital. The 
provisions of this section shall not apply to any state institution, 
children’s home, or to any juvenile court, society or institution 
having the care of children under its control, duly incorporated 
under the laws of Nebraska: Provided, any maternity home, 
boarding house, or home for the care of infants or hospital in- 
corporated under the laws of Nebraska for the purpose of caring 
fcr children and placing them in homes shall first apply to and 
secure approval for such incorporation from the department of 
public welfare. 


Sec. 2. (2759) Maternity home—license.—No person shall 
eouduct or maintain a maternity home or maternity boarding 
house, or home for the care of infants or lying-in-hospitals or to 
engage in, or assist, in conducting a business of placing infants 
in permanent homes without having in full force a written license 
from the department of public welfare; Provided, nothing in this 
article shall apply to any state institution or to any juvenile 
eourt or to any society or association incorporated under the 
laws of the state of Nebraska for the purpose df caring for chil- 
dren and for placing them in homes. 


Sec. 3. (2760)—Lying-in hospitals—records.—The depart- 
ment of public welfare may grant licenses to maintain maternity 
homes or maternity boarding houses or homes for the care of 
infants, or lying-in hospitals. An application therefor shall first 
be approved by the board of health of the city or village in which 
such maternity home, or maternity boarding house or home for. 
the care of infants, or lying-in hospital is to fare. A record of 
the same shall be kept in the office of the department and a notice 
shall be given to the board of health of the city or village in 
which the licensee resides, of the granting of such license and 
of the terms thereof. Such license shall be granted for a term 
not exceeding one year and shall state the name of the licensee, 


—d56— 


the particular premises in which the business may be carried on, 
viving the street number, the number of women or infants that 
may be boarded, cared for, treated or maintained there at any 
one time. It shall be the duty of the board of health of the city 
or village in which such maternity home or maternity boarding 
house or home for the care of infants or lying-in hospital is 
located to visit said premises at any time, and as often as may 
be deemed necessary, and to inspect the same or designate any 
person to visit and inspect premises so licensed, and to request, 
if deemed desirable, that the license shall be kept posted in a 
conspicuous place on the licensed premises. A fee of three dol- 
lars shall be paid to the department of public welfare prior to 
the issuance of such license. 


Sec. 4. (2761) Number of patients not exceed license.—No 


greater number of women and infants shall be kept at one time - 


on such premises than is authorized by the license and no women 
or infants shall be kept in a building or place not designated 
in the license. 


See. 5. (2762) License revoked—when.—The department 
ot public welfare may revoke such license, when a provision of 
this articls is violated, or when, in the opinion of the department, 
such maternity home or maternity boarding house or home for 
the care of infants or lying-in hospital is maintained without due 
regard to the health, comfort or morality of the inmates thereof, 
or without due regard to sanitation and hygiene. When the 
license is revoked, written notice shall be served by the depart- 
ment: of public welfare upon the licensee either in person or by 
leaving such notice on the licensed premises. At the same time 
notice of revocation shall be given to the board of health of the 
city or village in which the licensee is located. 


Sec. 6. (2763) Births reported.—A birth which takes place 


in a maternity home or maternity boarding house or home for the 


care of infants or lying-in hospital shall be attended by a legally 
qualified physician who shall forthwith report it to the board 
of health of the city or village in which the maternity home, 
boarding house or home for the care of infants or lying-in hospital 
is located. All stillbirths and premature births of every kind 
shall be reported in the same manner as is above required. 


—3571— 


Sec. 7. (2764) Records to be kept.—A person holding a 
license shall keep a record, in form to be prescribed by the de- 
partment of public welfare, wherein the licensee shall enter the 
names and addresses of physicians attending at births taking 
place in such house or hospital, or attending any sick infant; the 
name, age and sex of children born on the premises or brought 
_ thereto, and age of a child who is taken away, together with the 
name and residence of the person taking such child away. 


Sec. 8. (2765) Placing infants in homes.— Whoever adver- 
tises himself or herself as ready to assist in placing or finding 
homes for infants, or to otherwise dispose of infants under two 
years of age, or whoever actually places or assists in placing in 
homes or persons other than relatives, or causes or assists in 
causing the adoption or disposal otherwise of infants under two 
years of age, shall be deemed as engaging, or assisting, in con- 
ducting a business of placing infants. No person shall engage in 
said business of placing infants: Provided, nothing herein shall 
apply to any state institution or to any juvenile court or to any 
society or association incorporated under the laws of the state 
of Nebraska for the purpose of caring for and placing children 
in homes. 


‘Sec. 9. (2766) Licensee give notice of death.—A licensee 
shall give immediate notice to the board of health of any death 
occurring in his institution. 


Sec. 10.. (2767) Coroner called—when.—The board of 
health shall forthwith call the coroner of the county in which 
said person died to hold an inquest on the body of the person, 
unless a certificate, under the hand of a legally qualified physi- 
cian, is exhibited to said board by the licensee stating that such 
physician personally attended and examined the person so dying, 
and specifying the cause of death, and the board of health is 
satisfied that there is no ground for holding an inquest. i 


Sec. 11. (2768) Disposition of infants.—No person shall 
‘give an infant under two years of age into the permanent care 
and control of another person and no person shall receive such 
infant with a view to adoption or to permanent care without ap- 
plication to the proper court for adoption. The provisions of this 
section shall not apply to any state institution or to any society 


—398— 


or association incorporated under the law of the state of Nebras- 
ka for the care of children and for placing children in homes. 


Sec. 12. (2769) Advertisement—when lawful.—aA licensee 
shall not advertise that it will procure the adoption of babies and 
shall not hold out inducements to mothers of illegitimate chil- 
dren or to any parents to part with their offspring. 


Sec. 13. (2770) Violation—penalty.—Any person who vio- 
lates any provisions of this article shall be guilty of a misde- 
meanor and upon conviction thereof shall be fined in any sum 
not to exceed three hundred dollars, or imprisoned in the county 
jail not more than one year, or both. 


DIVISION XI. 
PLACING DEPENDENT AND DELINQUENT CHILDREN. 


Section 1. (5881) Dependent and delinquent children— 
regulation of care and control.—No person, other than a parent, 
shall place out, or give the care and custody of, any child, to any 
person or association, other than temporarily, unless such person 
shall be duly licensed by the department of public welfare under 
such rules and regulations as said department shall preseribe. 
The department may grant or revoke such license and make all 
needful rules regarding the issuance or revocation thereof. 


See. 2. (58382) Dependent children—record.—Persons or 
courts, charged with the care of dependent and delinquent chil- 
dren, who shall place out, or give the care and custody of, any 
ehild, shall keep and preserve a record of the full name and 
actual or apparent age of such child, the names and residence 
of its parents, so far as known, and the name and residence of 
the person or association with whom such child is placed. If such 
person or association shall subsequently remove such child from 
the custody of the person or association with whom it was placed, - 
the fact of such removal and disposition of such child shall be 
entered upon such record. 


Sec. 3. (5833) Reports of custodian.—Such persons or 
courts shall report to the department of public welfare on the 
first day of each month, specifying the matters and things re- 
quired in the record mentioned in the next preceding section. 


—359— 


See. 4. (5834) Importing dependent children from other 
states.—No association incorporated under the laws of any other 
state shall place any child in any family home within this state, 
either with or without indenture or for adoption, without first 
entering into an undertaking to the department of public wel- 
fare with such sureties as the department may require, condi- 
tioned that no child having any contagious or incurable disease, 
o1 having any deformity, or being of feeble mind, or vicious 
character, will be brought into the state by such society or its 
agents; and that it will receive and remove from the same any 
child brought into the state which shall become a public charge 
within the period of five years. No person shall receive, to be 
placed in a home, any child on behalf of any such association 
which shall not have complied with the requirements of the pro- 
visions of this article. 3 

See. 5. (5835) Department to visit children.—The ‘depart- 
ment of public welfare or such person as it may authorize may 
visit any child so placed, who has not been legally adopted, with 
a view of ascertaining whether such child is being properly cared 
for and living under moral surroundings. 

See. 6. (5836) Abuse of children.— Whenever the depart- 
ment of public welfare has reason to believe that any person 
having the care or custody of a child placed out, and not legally 
adopted, is an improper person for such care or custody, or sub- 
jects such child to cruel treatment, or neglect, or immoral sur- 
roundings, it shall cause complaint to be filed in the proper juven- 
ile court. 

See. 7. (5837) Violation—penalty.—Any person who shall 
violate any of the provisions of this article shall be deemed guilty 
of a misdemeanor, and upon conviction thereof shall be punished 
_ by imprisonment in the county jail not more than thirty days or 
by a fine of not less than fifty, nor more than two hundred dollars. 


DIVISION XII. 


PUBLIC CHARITIES AND CORRECTIONS. 


Section 1. (5827) Rules—reports.——The department of 
public welfare shall inquire into the whole system of public 
charities and methods of and practices in the correctional institu- 


—360- 


tions of the state and gounties to ascertain the condition thereof 
from time to time by inspection or otherwise, especially of prisons, 
jails, infirmaries, public hospitals, asylums, reformatories and 
industrial schools; and the officers in charge of all such institu- 
tions and any officers for the distribution of public outdoor relief 
shall at all times furnish to said board, upon its request, such in- 
formation and statistics as it may require.~ To secure accuracy, 
uniformity and completeness in statistics, such department may 
prescribe such forms of reports and registration as it may deem 
essential. The plans for all new jail buildings, lockups, infirm. — 
aries or reformatories shall, before the adoption of the same by 
the state, county or municipal authorities, be submitted to the de- 
partment for examination and approval. The department may at 
any time inquire into the management of any state and county 
penal, reformatory or charitable institution in the state, and such 
department, in making such investigation shall have power to 
send for persons and papers and to administer oaths and affirma- 
tions. All investigations undertaken by such department shall 
be directed wholly toward the betterment of methods pertaining 
to the health, punishment, education and reformation of the in- 
mates of the various institutions described in this article and the 
procuring of legislation to that end. 


DIVISION XIII. 
PARDONS AND PAROLES. 


Section 1. (9152) Indeterminate sentence.—Every person 
over the age of eighteen years, convicted of a felony or other 
erime punishable by imprisonment in the penitentiary, excepting 
murder, treason, rape and.kidnapping, if judgment be not sus- 
pended or a new trial granted, shall be sentenced to the peniten- 
tiary; but the court imposing such sentence shall not fix the limit 
or duration of the sentence, but the term of imprisonment of any 
person so convicted shall not exceed the maximum nor be less 
than the minimum term provided by law for the crime for which 
the person was convicted and sentenced; the release of such per- | 
son to be determined as hereinafter provided. 


Sec. 2. Department to be informed regarding convicts.—It 
shall be the duty of the judge before whom the prisoner is tried 


—361— 


and convicted, and of the county attorney, to furnish the depart- 
ment of public welfare, together with warrant of commitment, 
in writing, all information that they can give in regard to the 
career of the prisoner before the commission of the crime for 
which he was sentenced, stating to the best of their knowledge 
whether the prisoner was industrious, of good character, what 
his associates were, what his disposition was, and all other facts 
and circumstances that may tend to throw any light upon the 
question as to whether such prisoner is capable of becoming a 
good citizen; and the said department shall also have the power 
to call upon any other official or person for similar information. 


Sec. 3. (9155) Rules for government of department.—It 
shall be the duty of the department to adopt such rules concern- 
ing all persons committed to their custody as shall prevent them 
from returning to their criminal careers, best serve their self- 
support and accomplish their reformation. When any prisoner 
shall be received into the penitentiary, the warden shall cause 
to be entered in a register the date of such admission, the name, 
age, nativity and nationality, with such other facts as can be 
ascertained, of parentage, education, occupation, and early social 
influences, as seem to indicate the constitutional and acquired de- 
fects and ,tendencies of the prisoner, and based upon these, an 
estimate of the present condition of the prisoner and the best 
possible plan of treatment. The physician of the penitentiary 
shall carefully examine each prisoner when received, and shall 
enter in a register to be kept by him, the name, nationality or 
race, the weight, stature, description and family history of each 
prisoner; also a statement of the condition of the heart, lungs 
and other leading organs, the rate of the pulse and respiration, 
the measurement of the chest and abdomen, and any existing 
disease or deformity, or other disability, acquired or inherited. 
Upon the warden’s register shall be entered from time to time, 
minutes of observed improvement or deterioration of character, 
and notes as to the method and treatment employed; also all 
_ alterations affecting the standing or situation of such prisoner, 
and any subsequent facts or personal history which may be 
brought officially to his knowledge, bearing upon the question 
of the parole or final release of the prisoner. 


Sec. 4. (9156) Same—paroles.—The department of publie 


—362- 


welfare shall have power to establish rules and regulations under 
which prisoners within the penitentiary may be allowed to go | 
upon parole outside the penitentiary building and enclosure, but 
to remain while on parole in the legal custody and under the 
control of the department, and subject at any time to be taken 
back within the enclosure of said penitentiary. No parole shall 
be granted in any case until the minimum term fixed by law for 
the offense has expired. The warden shall have full power to 
enforce such rules and regulations and to retake and reimprison 
any inmate so upon parole, upon the order of the department of 
public welfare, whose order shall be a sufficient warrant for the 
officer named in it to authorize such officer to apprehend and 
return to actual custody any conditionally released or paroled 
prisoners. No prisoner shall be released on parole until the de-— 
partment shall have made arrangements or have satisfactory evi- 
dence that arrangements have been made for his honorable and 
useful employment while upon parole, in some suitable ocecupa- 
tion, and also for a proper or suitable home, free from criminal 
influences. 


Sec. 5. (9157) Department to recommend discharge— 
when.—The department of public welfare shall keep in communi- 
cation, as far as possible, with all prisoners who are on parole, 
and also with their employers, and when in its opinion any prison- 
er who has served not less than six months of his parole accept- 
ably, has given such evidence as is deemed reliable and trust- 
worthy, that he will remain at liberty without violating the law, 
and that his final release is not incompatible with the welfare 
of society, the department shall consider the case of the prisoner 
so presented; and when said department shall decide that said 
prisoner is entitled to his final discharge, said department shall 
cause a record of the case of said prisoner to be made, showing 
the date of his commitment to the penitentiary, his record while 
detained there, his record while on parole and its reasons for 
recommending his final discharge, and thereupon the governor 
shall enter an order for the final discharge of said prisoner from 
further liability under his sentence. Nothing in this article shall 
be construed as impairing the power of the governor to grant 
a pardon or commutation in any case. } 


See. 6. (9158) Provision for convict on discharge.——Upon 


—363- 


the release of any prisoner from the penitentiary, the warden 
shall provide him with suitable clothing, with ten dollars in 
money, and shall procure transportation for him to his place of 
employment. The warden shall make the same provision for any 
prisoner discharged from the penitentiary by expiration of his 
maximum sentence, save that he shall procure transportation to 
his home, if within the state; if not, to the place of his convie- 
tion, or to some place not more distant, selected by the prisoner. 

See. 7. (9159) Violation of parole—effect of—I{ any 
prisoner shall violate the conditions of his parole or release as 
fixed by the department, he shall thereafter be treated as an 
escaped prisoner owing service to the state, and shall be liable, 
when arrested, to serve out the unexpired term of his maximum 
possible imprisonment, and the time from the date of his declared 
delinquency to the date of his arrest, shall not be counted as any 
portion or part of time served; and any prisoner at large upon 
parole or conditional release, who shall commit a fresh crime 
and upon conviction thereof shall be sentenced anew to the peni- 
tentiary, shall be subject to serve the second sentence after the 
first sentence is served or annulled; said second sentence to com- 
mence from the termination of his liability upon the first or 
‘former sentence. 


DIVISION XIV. 
EMBALMERS AND DEAD BODIES. 


Section 1. License required—application—examination.— 
No person shall engage in the practice of embalming in this state 
without first having applied for and obtained from the depart- 
ment of public welfare a license so to do. Application therefor 
shall be in writing and shall be accompanied by the examination 
fee hereinafter specified. Applications from candidates who de- 
sire to engage in the practice of embalming shall be filed with 
the department of public welfare, which department shall notify 
the applicant to appear before it for examination at the time and 
place mentioned in such notice. The examination shall be of a 
character sufficiently strict to test the qualifications of the candi- 
dates, conducted under rules and regulations prescribed by the 
department, and which rules shall provide for a fair and wholly 
impartial method of examination by a board of three examiners 


864- 


to be chosen by the department, who shall be persons engaged in 
the practice and business of embalming in this state for a period 
of at least five years. 


Sec. 2. License—issuance—filinge—embalmers register—fee. 
—If upon investigation by the department, and after the examina- 
tion hereinbefore provided, the applicant shall be found entitled 
to practice, there shall be issued to said applicant the certificate 
of said department of public welfare under its seal stating such 
fact, and it shall be the duty of the applicant before practicing, 
to file such certificate or a copy thereof, in the office of the county 
clerk of the county in which he or she resides, or in which he or 
she intends to practice; such certificate or a copy thereof shall 
be filed by the county clerk and by him recorded in a book kept 
for that purpose to be called the ‘‘Embalmers’ Register’’, and 
for such services the county clerk shall receive from the appli- 


cant the same fees as are allowed to the register of deeds for the 


recording of conveyances. Every person making application for 
an examination and a certificate under the provisions of this 
article shall pay to the department of public welfare prior to his 
examination the sum of ten dollars. All such fees shall be equally 


divided among the members of the board making such examina- 


tion as full compensation for their services and expenses. 


: See. 3. (2776) Annual fee—renewal.—Every registered em- 
balmer who desires to continue to practice his profession shall 
annually after the expiration of the first year of his registration, 


during the time he shall continue in such practice, on or before: 


the first day of January of each year pay to said department a 


fee of two dollars for which he shall receive a renewal of his 
certificate of registration. If any embalmer shall fail or neglect: 


to procure his or her annual renewal as above provided, his right 
to act as an embalmer shall cease thirty days after the expiration 
of his certificate or renewal thereof, and such certificate shall not 
be renewed except upon the payment of the same fee and upon 
the same terms as an original application for a certificate. 

Sec. 4. (2780) Penalty for violation— Any person violat- 
ing any of the provisions of this article shall be deemed guilty of 
a misdemeanor and, on conviction thereof, shall be fined in any 


sum not less than twenty-five ($25.00) dollars nor more eG one 


hundred ($100.00) dollars. 


—365- 


Sec. 5. (2781) —Dissection of human bodies.—It shall be 
lawful to dissect human bodies for scientific, educational and legal 
purposes within the state of Nebraska under the restrictions here- 
inafter provided for in this article. 


See.6. (2782) Duty of medical colleze—bond.—EKach medi- 
eal college or school shall file with the secretary of state a bond 
to be approved by said officer in the penal sum of five hundred 
dollars, conditioned that such bodies will be procured, conveyed 
and dissected in a manner that shall be private and in no wise 
shock the sensibilities of the community where such bodies are 
procured, conveyed or dissected. 


Sec. 7. (2783) Bodies—to be transported.—No bodies re- 
ceived under the provisions of this article shall be transported 
outside the limits of this state. 


See. 8. (2784) Disposition—dead human  bodies.—The 
heads of the anatomy departments and the heads of the surgery 
departments of the medical and dental schools and colleges of 
this state, which are now or may hereafter become incorporated, 
shall be, and are hereby constituted a board for the distribution 
and delivery of dead human bodies, hereinafter described, to and 
among such persons as, under the provisions of this article, are 
entitled thereto. The said board shall have full power to estab- 
lish rules and regulations for its government, subject to the ap- 
proval of the department of public welfare, and to appoint and 
remove proper officers, and shall keep full and complete minutes 
of its transactions; and records shall also be kept, under its direc- 
tion, of all bodies received and distributed by said board, and of 
the persons to whom same are distributed, which minutes and 
records shall be open at all times to the inspection of each mem- 
ber of said board and any county attorney or any county within 
the state. 


See. 9. (2785) Dead bodies—notice to department.—<All 
public officers, agents and servants of any and every county, city, 
township, district and other municipality, and of any and every 
alms-house, prison, morgue, hospital, or other public institution 
-having charge or control over dead human bodies, required to be - 
buried at the public expense, are hereby required to notify the 
said board of distribution or such person or persons as may, from 


—366- 


time to time, be designated by said board or its duly authorized. 
officer or agent, whenever any such body or bodies come to his 
or their possession, charge or control; and shall, without fee or 
reward, deliver such body or bodies, and permit and suffer the 
said board and its agents, and the physicians and surgeons from 
time to time designated by them, who may-comply with the pro- 
visions of this article, to take and remove all such bodies, to be 
used within this state for the advancement of medical science; but 
no such notice need be given, nor shall any such body be delivered, 
if any person claiming to be, and satisfying the authorities in 
charge of said body that he or she is of kindred or is related by 
marriage to the deceased, shall claim the said body for burial; 
but it shall be surrendered for interment; nor shall the notice be 
given or body be delivered if such deceased person was honorably 
discharged from any arm of the military or naval service of the 
United States. | 


Sec. 10. (2786) Dead bodies—disposition.—The said board 
or their duly authorized agent may take and receive such bodies 
so delivered, as aforesaid, and shall, upon receiving them, de- 
liver and distribute them to and among the schools, colleges, 
physicians and surgeons aforesaid, under such rules and regula- 
tions as may be adopted by the board aforesaid, subject to the 
approval of the department of public welfare. The number of 
bodies so distributed to the sehools and colleges shall be in pro- 
portion to the number of students matriculated in the first two 
years in each medical or dental school or college. The expense 
of such distribution shall be paid Dy the school or college receiy- 
ing the body or bodies. If there shall be more bodies than are 
required by the said schools and colleges, the board of distribu- 
tion may, from time to time, either directly or through its author- 
ized officers and agents, designate the physicians and surgeons 
having complied with the rules and regulations of the board who 
shall receive such bodies and the number they shall receive. If 
the body is subsequently claimed by any relative, it shall at once 
be surrendered, by the person, college or school having the same 
in charge, to such relative after said person or school has been 
reimbursed for expenses incurred in transportation and care of 
said body, 

See. 11. (2787) Violation—penalty.—Any public officer, 


pen 


—367— 


agent or servant, and any officer, agent or servant of any county, 
city, township, district or other municipality in this state into 
whose hands the body of a deceased person shall come, which 
should be delivered to a medical or dental college or school under 
the provisions hereof, who shall wilfully neglect to notify the 
proper officer of the existence of such body, or refuse te deliver 
the same to a medical or dental college or school, upon the direc- 
tion of such officer as herein provided, and any such officer who 
shall wilfully diseriminate in favor of any medical or dental col- 
lege or school in the distribution of such bodies, shall be guilty 
of a misdemeanor, and upon conviction thereof, be fined in any 
sum not less than twenty-five ($25.00) dollars nor exceeding one 
hundred ($100.00) dollars; and any person who shall receive or 
deliver any body or remains, knowing that any of the provisions 
of the law have been violated, shall be imprisoned in the peniten- 
tiary not more than two years, or fined not exceeding twenty-five 
hundred dollars, or both. 


DIVISION XV. ; 
VETERINARY MEDICINE. 


Section 1. (Ch. 51, Laws 1915) Licemse required—applica- 
tion—examination—exemption.—No person shall engage in the 
practice of veterinary medicine, veterinary surgery or veterinary 
dentistry in this state without having applied to and obtained 
from the department of public welfare a license so to do. Ap- 
plication therefor shall be in writing and shall be accompanied 
by the examination fees hereinafter specified. The department 
of public welfare shall notify the applicant to appear before it 
for examination at the time and place mentioned in such notice. 
The examination shall be of a character sufficiently strict to test 
the qualifications of the candidate as a practitioner. All examina- 
tions provided for in this article shall be conducted under the 
rules and regulations prescribed by the department, which shall 
provide for a fair and wholly impartial method of examination 
by a board of three examiners, to be chosen by the department, 
who shall be regularly licensed veterinarians who have been en- 
gaged in the active practice of veterinary medicine, veterinary 
surgery and veterinary dentistry for a period of five years. Pro- 


—368- 


vided that any person engaged in said practice in the state at 
the time this law becomes effective who is now and has been 
practicing veterinary medicine, veterinary surgery or veterinary 
dentistry under the provisions of Section 2832 of the Revised 
Statutes of Nebraska for 1913 as amended in 1915, may continue 
said practice on condition that he shall not use or assume the 
title of any degree or part of a degree conferred by any recog- 
nized veterinarian college or university. Nothing in this article 
shall be construed to prevent any person from advising or assist- 
ing any other person gratuitously in the care or treatment of his 
domestic animals, nor shall this article apply to the vaccination 
of hogs for cholera or cattle for black leg. 


Sec. 2. Certificate—issuance—filing.—If upon investigation 
and after examination as hereinbefore provided, the applicant 
shall be found entitled to practice there shall be given to said 
applicant the certificate of said department under its seal stating 
such fact, and the applicant before practicing shall file such 
certificate, or copy thereof, with the county clerk of the county 
in which he resides or intends to practice. Such certificate or 
copy shall be filed and recorded by the county clerk. 


Sec. 3. Revocation of certificate—The department of public . 


welfare may revoke or cancel a certificate previously issued for 
unprofessional conduct of the licensee. : 


Sec. 4. Examination and certificate fees—Hvery applicant 
making application for an examination and a certificate under 
the provisions of this article shall pay to the department the sum 
of ten dollars. All such fees shall be equally divided among the 
members of the board making the examination as full compensa- 
tion for their services. 


Sec. 5. Violation—penalty.—Any person violating the pro- 
visions of this article shall be deemed guilty of a misdemeanor, 
and, upon conviction, shall be punished by a fine of not less than 
twenty-five ($25.00) dollars or more than one hundred ($100.00) 
dollars, or by imprisonment in the county jail for not more than 
ninety days. 


—369— 


DIVISION XVI. 
CHIROPODY. 


Section 1. Unlawful to practice without registration.—On 
and after September 1, 1919, it shall be unlawful for any person 
to practice or attempt to practice Chiropody (Podiatry) in this 
State or to hold himself out as a Chiropodist (Podiatrist) or to 
designate himself or describe his occupation by the use of any 
words or letters calculated to lead others to believe that he is a 
Chiropodist (Podiatrist) unless he is duly registered as provided 
for in this division. 

Sec. 2. ‘‘Chiropedy’’ or ‘‘Podiatry’’ defined.—Chiropody 
(Podiatry) for purposes of this division, is defined as the sur- 
gical, medical and mechanical treatment of all ailments of the 
human foot, except the correction or deformities requiring the 
use of the knife, amputation of the foot or toes or the use of an 
anesthetic other than local. 


Sec. 3. Board of Chiropody—composition—appointment.— 
The department of public welfare shall appoint a board of ex- 
aminers consisting of three members at least two of whom shall 
be Chiropodists who have practiced in this State for a period of 
not less than one year who shall receive, from fees collected under 
this division ten:dollars ($10.00) per day for each day actually 
engaged and necessary traveling expenses but in no case more 
than the fees collected under this division. Examinations shall 
be conducted under rules established by the department and shall 
cover the following subjects: Anatomy, Physiology, Pathology, 
Bacteriology, Chemistry, Diagnosis, and treatment, Therapeutics, 
Clinical Chiropody, and Asepsis limited in their scope to the 
treatment of the foot. If upon such examination the applicant 
shall be found qualified, the department shall issue a license to 
practice chiropody. } 

See. 4. Same—qualifications to practice.—Persons engaged 
in the practice of Chiropody (Podiatry) in this state one year 
next prior to. the first day of April, 1919, shall file with the de- 
partment on or before September 1, 1919, a written application 
for a license to practice Chiropody (Podiatry) together with 
proof satisfactory to the department that the applicant is more 
than twenty-one years of age and has been practicing Chiropody 


=370- 


in this State for a period of more than one year next prior to the 
first day of April, 1919, and upon the payment of a fee of ten 
($10.00) dollars the department shall issue such applicant a license 
to practice Chiropody (Podiatry) in this State. 


See. 5. License—filing.—Every person receiving a license 
shall file the same with the Clerk of the County in which he re- 
sides. It shall be the duty of the Clerk to register the name and 
address of the licensee and date of the license in a book kept for 
such purpose and he shall receive the same fees as for recording 
conveyances. 


Sec. 6. Applicants examined in other states—fees.—Appli- 
cants registered by certificate of examiners of other states whose 
requirements are equal to those of this state may, upon the pay- 
ment of a fee of twenty-five ($25.00) dollars, be granted a license 
without examination, provided however, that the provisions of 
this section shall be extended only to those states who extend 
this state the same privilege. 


See. 7. Domestic licensees—fees.—Applicants for license, to 
practice Chiropody (Podiatry) in this State, not included in Sece- 
tions 4 and 6, shall file with the department an application for 
examination accompanied by a fee of twenty-five ($25.00) dollars 
together with proof that the applicant is more than twenty-one 
years of age, is of good moral character and has obtained a pre- 
liminary education which is equivalent to a two years course in 
an accredited high school. On and after January 1, 1922, a three 
years course in a high school or its equivalent and on and after 
January 1, 1925, a four years course in a high school or its equival- 
ent shall be required. Applicants must in addition be graduates 
of a legally incorporated school of Chiropody (Podiatry) accept- 
able to the department. 


Sec. 8. Unlawful practice—penalty.—Any person who shall 
practice or attempt to practice Chiropody (Podiatry) in this State 
without having complied with the provisions of this division shall 
be guilty of a misdemeanor and upon conviction thereof shall be 
fined not less than fifty ($50.00) dollars nor more than two hun- 
dred ($200.00) dollars or shall be imprisoned for not less than 
thirty (30) days nor more than ninety (90) days. 


—d71— 


Sec. 9. Revocation of license.—The department may revoke 
any license issued for cause upon notice and hearing. 


DIVISION XVII. 
VENEREAL DISEASES. 


Section 1. Dangerous diseases.—Syphilis, gonorrhea, and 
chaneroid, hereinafter designated as venereal diseases, are hereby 
declared to be contagious, infectious, communicable, and danger- — 
ous to the public health. 


See. 2. Power of department to make rules.—The depart- 
ment of public welfare is hereby empowered and it shall be its ° 
duty to make such rules and regulations as shall, in its judg- 
ment, be necessary to control and suppress venereal diseases. 


See. 3. Violation—penalty.—Any person who shall violate 
any of the provisions of this article, or any rule or regulation 
made by the department of public welfare, as empowered by this 
article, shall be deemed guilty of a misdemeanor, and, upon con- 
vietion for each such offense shall be fined not less than fifteen 
dollars nor more than one hundred dollars. 


DIVISION XVIII. 


Section 1. Vested rights.—All licenses duly issued at the 
time of the taking effect of this article shall be and continue in 
full force and effect, subject to the provisions of said licenses. 


TITLE VII. 
DEPARTMENT OF PUBLIC WORKS. 


ARTICLE TI. 
GENERAL POWERS. 


Section 1. Department of public works take the place of 
state board of irrigation, highways and drainage.—The depart- 
ment of publie works shall exercise the powers and perform the 


-372— 


duties now consigned to the State Board of Irrigation, ee 
and Drainage. 


Sec. 2. State engineer.—The department of public works 
shall appoint a state engineer and the state engineer acting when 
this act takes effect shall continue as state engineer until his 
successor is appointed and qualified. 


Sec. 3. Department of public works to be superintendent of 
construction.—The department of public works shall supervise 
all of the state’s building or construction work which is not 
vested in any other department and shall superintend the con- 
struction of highways, bridges, and other public improvements 
- for which any money is appropriated by the state. 


ARTICLE II. 


STATE HIGHWAYS. 


Section 1. Highways established._—A system of state high- 
ways is hereby established which are to be improved and main- 
tained by the department of public works as hereinafter pro- 
vided. The highways comprising said system of state highways 
are to be known as‘State Highways and are described and set 
forth herewith as follows: 


Highway 10. Commencing at southern boundary line of 
Richardson County south of Falls City, running near or through 
Falls City, Shubert, Stella, Howe, Auburn to Nebraska City. 


Highway 11. Commencing at Nebraska City, running near 
or through Union, Plattsmouth, Ft. Crook, Bellevue, to Omaha. 


Highway 12. Commencing at Omaha, running near or 
through Ft. Calhoun, Blair, Herman, Tekamah, Craig, to Oak- 
land. 


Highway 13. Commencing at Hooper, running near or 
through Oakland, Lyons, Rosalie, Walthill, Winnebago, Homer 
to Dakota City to Missouri River Bridge South Sioux City. 


Highway 14. Commencing at State line, south of Wymore, 
running near or through Wymore, Blue Springs, Beatrice, Court- 
land, Princeton to Lincoln. | 


Highway 15. Commencing at Havelock, running near or 


—373- 


through’ Ceresco, Swedeburg, Wahoo, Colon, Cedar Bluffs, to 
Fremont. 


Highway 16. Commencing at Fremont, running near or 
through Hooper, Scribner, Crowell. 


Highway 17. Commencing at Wisner, running near or 
through Altona, Wayne, Laurel, Coleridge, Hartington, Fordyce, 
to Missouri River, south to Yankton. 


Highway 18. Commencing near Verdon on Road No. 10, 
running near or through Humboldt, Pawnee, Burchard, Lewiston, 
Virginia to Beatrice. 


Highway 19. Commencing at Auburn, running near or 
through Johnson, Tecumseh, Vesta, Crab Orchard, Filley to Road 
No. 18 west to Filley. 


Highway 20. Commencing at Nebraska City, running. near 
or through Dunbar, Syracuse. Unadilla, Palmyra to Lincoln. 


Highway 21. Commencing at Havelock, running near or 
through Waverly, Greenwood, Ashland, Melia, Gretna, Chaleco, | 
Millard to Omaha. 


Highway 22. Commencing at Omaha, running near or 
through Elkhorn, Waterloo, Valley to Fremont. 


Highway 23. Commencing at West Point, running near or 
through Pender, Wakefield, Allen, Martinsburg to Ponea. 


Highway 24. Commencing at Road No. 11, running near or 
through Murray, near Murdock, Elmwood connecting with Road 
No. 20 near Eagle. 


Highway 25. Commencing at Southern boundary of Thayer 
County near Chester, running near or through Stoddard, Hebron, 
Belvidere, Bruning, Strang, Geneva to Fairmont. 


Highway 26. Commencing at Fairmont, running through 
York, near or through Benedict to Stromsburg. 


Highway 27.. Commencing at Stromsburg, running near or 
through Osceola, Shelby, Millerton, David City, to Schuyler. 


Highway 28. Commencing at Schuyler, running near or 
through Richland, Columbus, Platte Center, Tarnov, Humphrey, 
Madison, Newman Grove to Albion. 


—374— 


Highway 29.—Commencing at Madison, running near, or 
through Norfolk, Pierce, Creighton, Center to Niobrara. 


Highway 30. Commencing at Beatrice, running near or 
through Ellis, Harbine, Jansen, Fairbury, Gilead, to Hebron. 


Highway 31. Commencing at Road. No. 30, north of Fair- 
bury, running near or through Western, Wilber to Crete. 


Highway 32. Commencing at Road No. 14, north of Prinee- 
ton, running near or through Crete, Dorchester, Friend, Exeter 
to Fairmont. 

Highway 33. Commencing at Lincoln, running near or 
through Emerald, Seward, Tamora, Utica, Waco to York. 


Highway 34. Commencing at Seward, running to David 
City. 

Highway 35. Commencing at Schuyler, running to Pilger. 

Highway 36. Commencing at Blair, running near or through 
Kennard, Arlington, to Fremont. 


Highway 37. Commencing at Norfolk, running near or 
through Stanton, Pilger, Wisner, West Point to Oakland. 


Highway 38. Commencing at Fremont, running near or 
through Ames, North Bend, Roger to Schuyler. 


Highway 39. Commencing at the Nebraska-Kansas State 
Line, south of Superior, running near or through Superior, Nel- 
son, Clay Center, to Road No. 40, Near Harvard. 


Highway 40. Commencing at Fairmont, running near or 
through Grafton, Sutton, Harvard to Hastings. 


Highway 41. Commencing at Red Cloud, running near or 
through Cowles, Hastings, Doniphan, to Grand Island. 


Highway 42. Commencing at York, running near or through 
Bradshaw, Hampton, Aurora, to Road No. 41, South of Grand 
Island. 

Highway 43. Commencing at Grand Island, running near 
or through Chapman, Central City, Clarks, Silver Creek, Duncan, 
Columbus to Highway 27. 


Highway 44. Commencing at Stromsburg, running near or 
through Polk to Central City. 


375. 


Highway 45. Commencing on Road No. 28, West of Colum- 
bus, running near or through Genoa, Fullerton, Wolbach, Bray- 
ton, to Greeley. 


Highway 46. Commencing at Genoa, running near or 
through Albion, Petersburg, Elgin, to Neligh. 


Highway 47. Commencing at Norfolk, running near or 
through Battle Creek, Tilden, Oakdale, to Neligh. 


Highway 48. Commencing at Greeley, running near or 
through Spalding, Bartlett, Sheridan, Ballagh, to Atkinson. 


Highway 49. Commencing at Neligh, running through 
Clearwater, Ewing, Page, O’Neill, to Spencer. 

Highway 50. Commencing at Niobrara, running through or 
near Verdel, Monowi, Lynch, Bristow, Spencer, Butte, Naper to 
Nebraska-South Dakota line. 


Highway 51. Commencing at Greeley, running near or 
through Horace, Scotia, North Loup, Ord, Elyria, Burwell to 
Deverre. } 


Highway 52. Commencing at Red Cloud, running near or 
through Inavale, Riverton, Franklin, Bloomington, Republican 
City, Alma, to Orleans. 


Highway 03. Commencing at Hastings, running near or 
through Juniata, Hartwell, Minden, Axtell, Funk to Holdrege. 

Highway 54. Commencing at Franklin, running near or 
through Upland to Minden. 


Highway 55. Commencing at Alma, running to Holdrege. 
Highway 56. Commencing at Holdrege, running near or 
through Atlanta, Oxford, Edison, to Arapahoe. : 


Highway 57. Commencing at Road No. 56, West of Hold- 
rege, running near or through Loomis, Bertrand, Smithfield, El- 
wood, Orafino, Stockville, to Curtis. 

Highway 58. Commencing at Grand Island, running near 
or through Wood River, Shelton, Gibbon, Kearney, Odessa, Elm 
Creek, Overton, to Lexington. 

Highway 59. Commencing at Road No. 58, north of Wood 
River, running near or through Ravenna, Hazard, Litchfield, 
Mason City, Ansley, Berwyn, Broken Bow, Ormsby, to Merna. 


—376— 


Highway 60. Commencing at Kearney, running near or 
through Pleasanton, to Hazard. 


Highway 61. Commencing at Ravenna, running hear. or 
through Rockville to Loup City. 


Highway 62. Commencing at Road No. 43, north of Grand 
Island, running near or through St. Libory, St. Paul, Farwell, to 
Road No. 61, southeast of Loup City. 


Highway 63. Commencing at Ansley, running hear or 
through Sargent, Taylor to Burwell. 


Highway 64. Commencing at Taylor, running hear or 
through Harrop, to Bassett. 


Highway 65. Commencing at O’Neil, running near or 
through Atkinson, Stuart, Bassett, Long Pine, Ainsworth, John- 
ston, Norden, Sparks to Valentine. 


Highway 66. Commencing at -Springview, and connecting 
with Highway No. 65. 


Highway 67. Commencing at Oxford, running near or 
through Beaver City, Arapahoe, Holbrook, Cambridge, Bartley, 
Indianola, Red Willow, McCook, to Culbertson. 


Highway 68. Commencing at Culbertson, running near or 
through Hope, Hayes Center, Rain, Strickland, Elsie, Madrid, 
Grant. 

Highway 69. Commencing at Culbertson, running near or 
through Beverly, Palisade, Hamlet, Wauneta, Imperial, Chase, 
Lamar, to the Nebraska-Colorado State line west of Lamar. 


Highway 70. Commencing at Culbertson, running near or 
through Trenton, Stratton, Max, Benkelman, Doane, Parks, Col- 
fer, Haigler, Sanborn, to the Nebraska-Colorado State line. 

Highway 71. Commencing at Lexington, running near or 
through Cozad, Willow Island, Gothenburg, to North Platte. 

Highway 72. Commencing at Merna, running near or 
through Arnold, Gandy, Stapleton, Ringgold to Tryon. 

Highway 73. Commencing at Merna, running to Dunning. 


Highway 74. Commencing at Brewster, running near or 
through Dunning, Thedford, to Mullen. 


Stair pr 


Highway 75. Commencing at Mullen, running near or 
through Whitman to Hyannis. 


Highway 76.. Commencing at Hyannis, running near or 
through Lakeside, Antioch, Hoffland to Alliance. 


‘Highway 77. Commencing at Hyannis, running near or 
through Cody to Merriman. 


Highway 78. Commencing at Merriman, running near or 
through Bayonne, Gordon, Clinton, Rushville, to Hay Springs. 

Highway 79. Commencing at Hay Springs, running near or 
through Bordeau, Chadron, Whitney, Crawford, Harrison, west 
to Nebraska-Wyoming state line. 


Highway 80. Commencing at Alliance, running to Chadron. 

Highway 81. Beginning at Highway No. 21, running 
through Papillion and connecting with Highway No. 11. 

Highway 82. Commencing at North Platte, running near or 
through Hershey, Sutherland, Roscoe, to Ogallala. 

Highway 83. Commencing at Ogallala, running near or 
through Big Springs, Chappell, Perdue, to Sidney. 

Highway 84 Commencing at Sidney, running near or 
through Kimball, to the Nebraska-Wyoming line. 


Highway 85. Commencing at Arthur and connecting with 
Highway No. 82. 


Highway 86. Commencing at Keystone, running near or 
through Lewellen, Lutherville, Oshkosh, Penn, Lytle, Lisco, to 
Broadwater. 


- Highway 87. Commencing at Broadwater, running near or 
through Bridgeport, Schermenhorn, Bayard, Minatare, Scotts- 
bluff, Mitchell, Morrill, to the Nebraska- Wyoming state line. 

Highway 88. Commencing at Kimball, running near or 
through Harrisburg, Gering to Scottsbluff. 


PROVIDED, that on or before January 1, 1920, the State 
Engineer shall file in the office of the County Clerk of each County 
in the State, a map drawn to a scale of one inch to the mile, which 
shall indicate and show all State Highways located within such 
county as herein provided and the department of public works 
is hereby empowered to use all or any part of each county’s ap- 


—378- 


portionment of the State Aid Road Fund to construct the State 
Highway System in each county. PROVIDED FURTHER: That 
when any highway in the State is constructed with State and 
ederal money, the department of public works shall file with 
the County Clerk of the county having jurisdiction over such 
highway, a map as herein provided for State Highways; and all 
highways so constructed shall become a part of the State High- 
way System and be maintained in the same manner as all other 
state highways provided for in this Article. 

See. 2. Deviations and changes to be made by state board 
of irrigation and drainage.—The line or actual location of a state 
highway may deviate from the location of the public highway, 
as actually traveled at the time said highway was by law desig- 
nated as a state highway, as may be deemed expedient by the 
department of public works in order to shorten distances, to elim- 
inate steep grades or sharp turns, to widen or narrow er other- 
wise to promote public convenience and safety. Such portions 
of a state highway as may be abandoned, because of the change 
therein described, shall no longer be considered as a state high- 
way or a portion of a state highway, but shall be abandoned as a 
public highway, unless on petition of the County Board of the 
county in which such abandoned sections may be located, to the 
department of public works, that the County Board desires to 
maintain such portion of the public highways, in which ease it 
will be maintained as other public roads as provided by law. 


im) 


Sec. 5. Relocation, alteration and widening.—Any public 
highway or portion of a public highway designated. by law as a 
state highway, may be relocated, altered or widened, when in 
the opinion of the department of public works, such is nevessary 
for the public convenience and safety, and for such purposes, 
power is hereby conferred upon the county board of the county 
in which the land is situated, to take, hold and appropriate so 
much real estate as may be necessary and convenient in the man- 
ner provided for appropriation of real estate for county build- 
ings as prescribed by Sections 1092 to 1096, inclusive of the 
Revised Statutes for 1913. 


Sec. 4. Improvements to be made by counties.—On and 
after January 1, 1920, each county shall adequately maintain the 
whole of the state highway system lying within the county in 


—379— 


accordance with the directions, specifications and regulations 
made for such maintenance by the department of public works. 
Such maintenance shall include improvements to the existing 
surface of said highways, to bridges, culverts and other structures 
thereon, as well as the erection and maintenance of suitable mark- 
ers aS may be deemed necessary for the convenience and safety 
of the traveling public. Provided, that portions of the highway 
lying within incorporated cities and villages having a population 
of more than fourteen hundred (1400) inhabitants shall be main- 
tained solely by said city or village. 

Sec. 5. Procedure when county fails to improve.—If anv 

county shall fail to adequately maintain any portion of the state 
highway system within the county, the department of public 
works may so determine and shall notify the county clerk of said 
county in writing. If such county shall not within thirty (30) 
days of such notice take due steps to perform such maintenance, 
the department of publie works shall immediately cause the re- 
quired maintenance to be performed and the cost of same to be 
paid out of the State Highway Fund and charged against the 
amount available for maintenance of said county. To permit the 
‘department .of public works to perform the duties herein im- 
posed, it may purchase or rent all necessary machinery and 
equipment. 
7 Sec. 6. Payments to county for satisfactory maintenance.— 
When any county shall adequately maintain, to the satisfaction 
of the department of public works, the portion of the state high- 
way system within its limits there shall be paid into the county 
treasury, out of the State Highway Fund, the actual cost of such 
maintenance, plus an allowance for the use of county machinery 
agreed upon in advance by the County Board and the department 
of public works; said payments shall be made up to the amount 
available in the State Highway Fund for the maintenance in such 
county, upon the presentation by the county clerk of properly 
itemized voucher statements supporting the account, which state- 
ment shall be filed between the first and the fifteenth of each 
month and be approved by the department of public works be- 
fore payment is made. 

Sec. 7. Certified statements to be filed with county clerks.— 
On the fifteenth day of each month the department of public 


—880- 


works, shall file with the county clerk of each county a certified 
statement showing the total amount of money received, the total 
claims allowed and the amount of money available in the State 
Highway Fund for the maintenance of the State Highway System 
in each county. 


Sec. 8. Close highways to traffic for repairs.——The county 
board shall have authority to close temporarily to traffic any ~ 
portion of a state highway for the purpose of repairing or making 
improvements thereon and due notice shall be given to the public 
that a certain portion of a state highway is closed to traffic by 
placing at the roadside suitable signs stating that the road is | 
closed to travel by order of the county board. It shall be unlaw- 
ful for any person to remove or pass such signs without permis- 
sion, and any person so doing shall be guilty of a misdemeanor 
and shall upon conviction be subject to a fine not exceeding one 
hundred ($100.00) dollars or imprisonment not exceeding thirty 
(30) days, or both, 


Sec. 9. Detours.—Wherever practicable the county board is 
authorized to arrange detours around the portion of a state high- 
way, closed for repairs, as it may deem expedient for this pur- 
pose. The department shall secure a right-of-way through priv- 
ate land if satisfactory arrangements for temporary right-of-way 
can be made with the owner of the land. If the department can- 
not secure a right-of-way by agreement to enter upon such lands 
for a temporary right-of-way, similar proceedings may be had 
for the securing of a right-of-way on private land as herein pro- 
vided by Section 3. 


Sec. 10. State highway fund—how comprised.—The State 
Highway Fund shall be derived from such revenue as may by 
law be provided. In addition, the department of public works 
may accept donations from whatever source, whether public or 
private, made for the purpose of constructing or improving any 
portion of the State Highway System; provided, that the said 
department need not accept. any such donations, whether public 
or private, if in its opinion the best interest of the state will not 
be subserved. | 


‘Sec. 11. Same—for what purposes available—The State 
Highway Fund shall be available to pay for the cost of main- 


-381- 


tenance of the state highway system, all motor vehicle number 
plates and seals, the engineering, supervision and administration 
oi this article by the department of public works: PROVIDED, 
however, that the cost of engineering, supervision and adminis- 
tration by the department of public works shall not exceed the 
actual cost of said plates and seals plus 5% of the total amount 
of money received in said State Highway Fund. 


See. 12. Emergency cash trust fund.—For the purpose of 
enabling the employment and discharge of labor and the prompt 
payment of emergency items of less than one hundred ($100.00) 
dollars value, five thousand ($5,000.00) dollars of the State High- 
way Fund shall be deposited in a bank to be designated by the 
department of public works, to the credit of the State Engineer, 
as an Emergency Cash Trust Fund, against which the State En- 
gineer may draw his official checks for the payment of small 
emergency claims, including labor and employment claims where 
the same are payable oftener than once each month. Such Emerg- 
ency Cash Trust Fund shall be provided by the Secretary of the 
department of public works, drawing a proper voucher against 
the State Highway Fund and proper warrants issued therefor, 
which warrants shall not at any time exceed the amount actually 
expended from said fund, as evidenced by receipts approved by 
the department of public works showing the payments made 
from said fund, the proceeds of which shall be deposited in the 
designated bank to the credit of the State Engineer, and for the 
purpose as aforesaid. Additional vouchers and warrants shall 
be drawn and issued, from time to time, to keep the said fund to 
the amount of Five Thousand ($5,000.00) dollars as nearly as 
practicable: PROVIDED, that before any checks are drawn on 
said Emergency Cash Trust Fund, the State Engineer shall file 
an approved surety bond with the department of public works 
in the sum of Ten Thousand ($10,000.00) dollars, for the faithful 
performanee of his duties under this article. 


See. 18. Project district—The department of public works 
shall divide the state into project districts, not exceeding five 
counties in any one district, in such a manner as in its judgment 
will best utilize the State Aid Road Fund available each year as 
well as the money apportioned to the state from the Federal 
Government under the Federal Aid Road Act of July 11, 1916. 


& 


—382— 


Before submitting any project statement to the Secretary of 
Agriculture, as provided for in the Federal Aid Road Act, the 
same shall have received the approval of the county board of 
each county within the project district. The funds available for 
all of the counties in each project district shall be considered as 
a unit for such district, and the work of construction or improve- 
ment of roads for each district shall be begun in any part or 
parts of such district at the place or places designated by the 
department of public works. Whenever the work in any project 
district is completed, the amount of the funds apportioned to 
each county shall have been expended in the construction or im- 
provement of roads and bridges within said county, or in the 
event that all of the apportionment for each county is not used - 
in the construction or improvement of the roads utilized in the 
project district plans for such county, the unused funds shall be 
used in the construction or in the improvement of such other 
roads. within the county as the county board and the department 
of public works may agree upon and which receives the approval 
of the Secretary of Agriculture. 

Sec. 14. Unlawful motor vehicles on highways—penalty.— 
No motor vehicle in excess of seven and one-half (714) feet in 
width, or twelve (12) feet in height shall be operated on the 
system of state highways; nor shall any motor vehicle be so 
operated in which the limit of load per inch width of tire exceeds 
six hundred (600) pounds. No motor vehicle of which the weight 
of truck and load combined exceed seven thousand (7000) pounds 
on any one wheel shall be operated on the system of state high- 
ways without the ape del permission of the department of public 
works. 


Any person violating any of the provisions of this Section 
shall be deemed guilty of a misdemeanor and subject to a fine of — 
not less than Fifty ($50.00) dollars, nor more than Five Hundred 
($500.00) Doliars for each offense. 

Sec. 15. Rules and regulations for use of highways to be 
made by department.—In order to promote public safety and to 
preserve and protect state highways and prevent immoderate 
and destructive use of the same, the department of publie works 
may formulate such rules and regulations in regard to the use 
of and travel upon the state highways, not inconsistent with the 


—383-— 


provisions of this article, as said. department may deem proper. 
Such rules and regulations shall be published and issued in 
pamphlet form by said department and designated as the official 
state highway rules and regulations of the department of public 
works, and shall be available upon request to the general public 
free of charge. 


See. 16. Careless operation of motor vehicle—penalty.— Any 
person or persons who shall operate a vehicle upon a state high- 
way in such a manner as to endanger the safety of others or to 
cause immoderate wear or damage to a state highway shall, upon 
conviction, be deemed guilty of a misdemeanor and be subject 
to a fine not to exceed One Hundred ($100.00) Dollars nor less 
than Twenty-five ($25.00) Dollars, or imprisonment in the county 
jail for thirty days, or both fine and imprisonment, at the discre- 
tion of the court, and shall be held prima facie evidence that a 
person has operated a vehicle over a state highway in a manner 
to endanger the safety of others or so as to cause immoderate 
use or damage to a state highway, if he has operated such vehicle 
in a manner contrary to the duly published rules and regulations 
of the department of public works governing the use of state 
highways. 


Sec. 17. Advertising signs on state highways—permit re- 
quired.—No advertising signs shall be placed along or upon a 
state highway without a written permit from the department of 
public works. Permits to be issued shall be numbered serially 
and each sign shall bear upon it the permit number thus: State 
Pes Ec INO eee lost htare The department of public works is 
authorized to remove all advertising signs for which permits have 
not been duly obtained, and is authorized to charge a fee for 
such permits, such fee to be not less than twenty-five (25c) cents, 
nor to exceed five ($5.00) dollars for each individual sign. The 
department of public works may, without stating any cause, re- 
yoke the permit for any sign along a state highway and remove 
the same, provided if the sign so removed shall have been erected 
less than three (3) months at the time of such removal, the 
amount of the permit fee shall be returned to the owner of the 
sign. PROVIDED, no permit shall be issued for any sign or 
more than ten (10) square feet surface; provided, further, printed 


—384— 


sale bills shall not be deemed a sign within the meaning of this 
section. 


Sec. 18. Road materials—how purchased—condemnation.— 
For the purpose of obtaining road materials to be used in the 
construction and maintenance of state highways built or main- 
tained under the supervision of the department of public works, 
said department is hereby empowered, on behalf of the state, to 
acquire lands and appurtenances thereto, either by purchase or 
by condemnation proceedings, in the manner provided by law. 
Said department may also purchase all necessary equipment and 
employ the necessary labor to remove such materials from said 
land; to prepare such materials for use and to manufacture such 
materials into road making products, and may sell any surplus 
of such materials or products to any county or counties, or to any 


municipality of the state or to any contractor at actual cost for 


building and maintaining roads, streets and alleys only; and the 
funds received therefor shall be, by said department, paid into 


the state treasury and credited to the State Aid Road Fund. The 


cost of acquiring said lands and appurtenances, the purchasing of 
equipment, and the use of such equipment as provided for in this 
section shall be paid out of the State Aid Road Fund. For the 
purposes provided in this section, said department may enter into 
contract with the board of commissioners of state institutions, for 
the employment of convict labor. 


ARTICLE III. 
STATE AID BRIDGES. 


Section 1. General supervision.—The department of pub- 
lie works is hereby declared to have supervision of bridges to be 


jocated and constructed or purchased under state aid, as pro- 


vided by law. 
See. 2. (2977) County board apply for aid.—The county 


board of any county may make application, in writing, to the 


department of public works for state aid in the construction of 
any bridge, or for such aid in the purchase of any private bridge 
already constructed across any stream, of the width of one hun- 
dred seventy-five feet or more, under the jurisdiction of such 
county board or boards. The application shall contain a descrip- 


—385— 
tion of the proposed bridge, with a preliminary estimate of cost 
of construction or purchase thereof, and a certified copy of the 
resolution of said board pledging such county to furnish one- 
half of the cost of construction of such bridge. The state shall 
not be liable for any money in excess of the appropriation made 
for that purpose. If the application is for the purchase of a 
private bridge already built the county board or boards acting 
jointly with the department of public works shall submit and 
negotiate offers to purchase to the owners of such bridge. If a 
reasonable sum is agreed upon the said department, the board, 
and the owners of the bridge may enter into a contract for such 
purchase. If terms cannot be agreed upon, the county board, 
together with the department of public works may appropriate 
the said bridge for public use by the exercise of the power of 
eminent domain. If the bridge proposed to. be purchased shall 
extend into two or more counties the condemnation proceedings 
may be instituted in either of said counties. 


If more than one county is concerned in the purchase or con- 
struction of such bridge each of said counties shall bear its pro- 
portionate share of the cost and expense thereof, and either coun- 
ty may vote and issue bridge bonds therefor. 


Sec. 3. (2978) Same—order on department for construc- 
tion.— The department of public works shall, on the first Monday 
of January, April, July and October of each year, consider such 
applications, and upon recommendation of the secretary, make 
an order for a grant of one-half of the cost of construction of any 
such bridge or bridges as shall be designated. 


See. 4. (2979) Contracts—notice—bids.—Before any con- 
tract shall be let as aforesaid, the county board having jurisdic- 
tion, together with the department of public works, shall cause 
a notice calling for bids to be published for four consecutive 
weeks, in a newspaper, which notice shall state the general 
character of the work, the number and kind of bridges to be 
built, their proposed location, the time within which, and the 
place for filing and opening such bids. No bid shall be con- 
sidered unless accompanied by a certified check or cash, equal 
to five per cent of the bid payable to the county clerk of the coun- 
ty with whom the bids are filed, to be forfeited to the state and 


—386— 


county in proportion to the interest of each, in case the bidder 
refuses to enter into any contract. 


See. 5. (2980) Contracts—how let.—All contracts for the 
erection and construction of such bridge or bridges, and for 
furnishing the materials in connection with the same, shall be 
let to the lowest responsible bidder. All bids must be deposited 
with the county clerk of the county making such application, or, 
if more than one county, bids shall be deposited with the county 
clerk of the county first named in the application. Bids shall be 
opened by the county clerk in the presence of the county boards 
having jurisdiction and the department of public works. The 
department of public works may be represented at any of the 
transactions named in this section by the state engineer upon 
his being duly authorized to act in such capacity by the depart- 
ment. 


Sec. 6. (2981) Bridge plans—disputes—The plans and 
specifications of the proposed bridge or bridges shall be furnished 
by the state engineer, and construction shall be under the joint 
supervision of the department of public works, and the county 
board, and when completed shall be accepted by the department 
of public works and the county board before final payment there- 
for. In all cases of disagreement in regard to the location of a 
bridge, where more than one county is concerned, each county 
shall be entitled to one vote upon the matter in dispute, and the 
department of public works shall be entitled to one vote, which 
shall be cast by the state engineer, and a majority of all votes 
thus defined shall determine the matter in controversy. 


Sec. 7. (Sec. 3, Ch. 57, Laws 1915) Bridges—maintenance— 
cost—inspection.—After the completion or purchase of said 
bridge or bridges and the acceptance thereof by the department 
of public works, the county or counties having jurisdiction there- 
of shall bear the cost of maintenance where it is not over one 
hundred dollars per year; and in case it exceeds one hundred 
dollars per year, such cost shall be borne equally by the state 
and the county or counties. The department of public works 
shall make an annual inspection of each of the bridges built 
under this article and shall recommend to the county board or 
boards the necessary repairs, which repairs shall be made by 


—387— 


the county board or boards under the direction of the department 
of public works. : 


See. 8. (Sec. 4, Ch. 57, Laws 1915)—Physical valuation by 
railway commission.—No bridge shall be purchased as herein 
provided unless a physical valuation of such bridge be made by 
the State Railway Commissioners. 


ARTICLE IV. 
MOTOR VEHICLES. 


Section 1. (2043) Definition of terms.—The words and 
phrases used in this article shall, for the purpose of the same 
only, be construed as follows: ‘‘Motor Vehicles’’ shall include 
motor cycles and all vehicles propelled by any power, other than 
muscular power, excepting however, traction engines, road rollers 
and any vehicles which run only on rails or tracks. ‘‘Highways’’ 
shall include public streets, roads, turnpikes, parks, parkways, 
drives, alleys, and other public ways used for the passage of 
road vehicles. ‘‘Trucks’’ shall include motor vehicles equipped 
or used to carry anything other than passengers. 


Sec. 2. Application for registration—counties.—Every own- 
er of a motor vehicle which shall be operated or driven upon 
the public highways, shall, for each motor vehicle owned, except 
as herein otherwise expressly provided, cause to be filed by mail 
or otherwise with the department of public works, an applica- 
tion for registration on a blank to be furnished by the depart- 
ment of public works for that purpose containing, in addition 
to such other particulars as may be required by the department 
of public works, a statement of the name and postoffice address 
of the applicant, a description of the motor vehicle, including 
the name of the maker, the number, if any, affixed to the motor 
or engine by the maker, the character of the motive power, the 
diameter of the cylinder bore and the number of cylinders, the 
seating capacity, the published weight of vehicle, the year model 
or letter denoted by the manufacturers, if any; and with such 
application the applicant shall deposit the proper registration 
fee receipt as provided in section 15 of this article. 


See. 3. Registration.—The department of public works shall 


—388— 


alphabetically and also numerically register such motor vehicle 
with the name and postoffice address of the owner, together with 
the facts stated in such application, in a book or on index cards 
to be kept for the purchase, under a distinctive number assigned 
to such motor vehicle, which book or index cards shall be open 
to inspection to the public during reasonable business hours. 


Sec. 4. Record of registration—-The department of public 
works shall keep a record of the ears registered, of each make 
or kind, both numerically and according to the engine number, 
with cross reference in each instance to the registration number 
assigned to such motor vehicle. 


Sec. 5. Numbering.—Upon the filing of such application and 
the registration fee receipt provided in this article, the depart- 
ment of public works, shall, upon registration, assign to such 
motor vehicle a distinctive registration number. Such number so 
assigned shall be the number assigned to such motor vehicle at 
each succeeding registration thereof, so long as such motor 
vehicle shall be owned by the owner to whom the original assign- 
ment was made, and upon sale or transfer of any such motor 
vehicle, said number may be cancelled or may be re-assigned as 
an original assignment, to the same or another motor vehicle, at 
the option of the department of public works subject to the pro- 
visions hereinafter contained. 


Sec. 6. Renewal of registration.—Such registration may be 
renewed annually in the same manner and upon payment of the 
same fee as provided for the original registration, such renewal 
to take effect on the first day of January, each year. The seal 
and certificates. of registration furnished by the department of 
public works, as provided hereinafter, shall be valid during. the 
calendar year only, in which they are furnished or issued. 


Sec. 7. Number plates furnished—specifications.—The ae 


partment of public works shall furnish to every person whose 
motor vehicle shall be registered as aforesaid, on original regis- 
tration, one number plate, upon which shall be displayed the 
registration number assigned to such motor vehicle, in figures 
not less than four inches in height. The letters and figures for 
motor cycle plates may be one-half the size of those required 
herein for motor vehicles, and shall have space provided thereon, 


—389- 


to which may be attached each year, the registration seal to be 
furnished by the department of public works, as hereinafter pro- 
vided; PROVIDED, however, on number plates issued to a manu- 
facturer or dealer there shall be displayed, in addition to the 
registration number, the letter ‘‘D’’ and on number plates is- 
sued for trucks, trailers, or motor vehicles carrying more than 
seven passengers there shall be displayed, in addition to the 
registration number, the letter ‘‘T’’, said letters to be the same 
height as the figures of the registration number. 


Sec. 8. Registration seals furnished.—The department of 
public works shall furnish with each number plate, and at each 
annual renewal of registration, a registration seal, together with 
screws or other means of attachment to the number plate, the 
form and character of which seal shall be uniform for any one 
calendar year, such seal to be changed by the department of 
public works, as to color each year, and to be not less than four 
inches square and have displayed thereon the letters ‘‘N E B’’, 
and the figures of the calendar year in which the seal is issued. 


Sec. 9. Certificate of registration furnished.—The depart- 
ment of public works shall furnish with each number plate, and 
on eath annual renewal by registration, a certificate of registra- 


tion which shall contain upon the face thereof, the following 


data. The name of the registered owner of the motor vehicle, 
his postoffice address, and a description of the vehicle as set forth 


in the application for registration. Such certificate shall contain 


a blank space for the signature of the registered owner. The 
reverse side of such certificate shall contain forms, First, for a 
notice to the department of public works, by the registered own- 
er, in case of transfer of ownership, as hereinafter required; and, 
Second, for application to the department of public works, by 
the transferee, in case of transfer of said motor vehicle, for regis- 
tration thereof in his name, said application to be in the form of 
a joint statement, to be signed by both transferor and transferee, 
and to contain, in addition to such other particulars as may be 
required by the department of public works, a statement of the 
postoffice address of the transferee so applying for registration. 
Such certificate shall contain the identical registration number 
denoted on the number plate, in connection with which such cer- 


—390- 


tificate shall be issued, and it shall be valid only for the calendar 
year in which it is issued. 


Sec. 10. Certificate—how enclosed and installed on vehicle. 
—Said certificate shall be inclosed in a suitable container, to be 
furnished by the department of public works, said container to 
have a frame of aluminum or other material and to have a case 
of isinglass or other transparent material through which said 
certificate can be easily inspected, and with such container the 
department of public works shall furnish screws or other suitable — 
means of attachment to the motor vehicle. Said number plates, 
seals, certificates and containers shall be furnished by the depart- 
ment of public works, without further charge than the fees speci- 
fied in Section 15 of this article, with transportation prepaid, and 
shall be of substantial character and of suitable form and design 
to be determined by the department of public works. 


See. 11. Registration—how affected by transfer of owner- 
ship.—Upon the transfer of ownership of any motor vehicle, its 
registration shall expire, and the person in whose name such 
vehicle is registered, and the person to whom ownership of such 
vehicle is to be transferred, shall forthwith join in a statement 
of said transfer, indorsed upon the reverse side of the certificate 
of registration of said motor vehicle, in the space provided for 
said purpose, which statement shall be signed by the transferor 
in the manner and form of his signature, contained on the face 
of said certificate, and which statement shall likewise be signed 
by the transferee, who shall also set forth, below his signature, 
his postoffice address. Said statement shall include an applica- 
tion by the transferee and registration of said vehicle in his 
name. Said certificate so indorsed and bearing upon the reverse 
side thereof the signatures of the transferor and transferee, shall 
be forwarded by the transferee to the department of public works 
together with a receipt for the proper fee for registration re- 
quired in Section 15 of this article, and the registration number 
plate, transportation prepaid, to the department of public works. 
The department of public works shall file said certificate, so 
jointly indorsed by transferor and transferee, and upon receipt 
of the proper receipt fee, as above provided, the department of 
public works, if satisfied of the genuineness and regularity of 
said transfer, shall register said motor vehicle in the name of said 


—391-— 


transferee, and shall cancel the former registration number or 
assign the same to the same or another motor vehicle, at the op- 
tion of the department of public works, subject to the other pro- 
visions of this article. 


Sec. 12. Assignment of registration to replacement motor 
vehicles.—In case of such transfer of ownership of any motor 
vehicle, or in case of loss of possession thereof, the registered 
owner, provided he applies to the department within ten days 
after such transfer or loss of possession, may have assigned to 
another motor vehicle the registration number of the motor 
vehicle so transferred or lost ; Provided, that in such case of trans- 
fer and application for reassignment to another motor vehicle 
the number plates and seal may be retained for a period of ten 
days after such transfer, and if application for such reassignment 
Shall have been made within said period they may be further 
retained until the department of public works has either duly 
reassigned said number in accordance with said application or 
has refused said application for reassignment, and has cancelled 
said number and demanded surrender of said plates and seal. 
PROVIDED FURTHER, that in case of transfer of motor vehicle 
within a period of ninety days from the time of payment of fee 
as provided in Section 15, the transferor may by returning the. 
registration certificate, the number plate and seal and upon ap- 
plication receive a refund of one-half the amount of such fee. 


Sec. 13. Registration certificate for replacement motor 
vehicles.—Upon such registration the department of public works 
shall issue and forward to the applicant, without further charge 
than is provided in Section 15 of this act. a new registration cer- 
tificate, in the manner and form as hereinbefore provided for 
original registration. Until said transferee has received said cer- 
tificate of registration, and has written his name upon the face 
thereof, in the blank space provided for said purpose by the de- 
partment of public works, delivery of said motor vehicle shall 
be deemed not to have been made, and title thereto shall be 
deemed not to have passed and said intended transfer shall be 
deemed to be incomplete and not to be valid or effective for any 
purpose. PROVIDED, that where such transfer is made to a 
manufacturer or dealer, who has complied with the provisions 
of this act, and who intends to re-sell or otherwise re-transfer 


—392— 


said vehicle, a certificate of registration shall be furnished with- 
out charge to him; whereupon such manufacturer or dealer shall 
be entitled to display upon such vehicle, number plate and seal, 
assigned to him by the department of public works, but upon sale 
cr transfer of said vehicle by such manufacturer or dealers, each 
and every provision herein contained, relative to the return of 
such certificate to said department of public works with the joint 
statement of transferor and transferee endorsed thereon as well 
as other provisions applicable upon transfer of motor vehicles, 
shall be complied with. In case of a transfer of a motor vehicle 
to such manufacturer or dealer, without the removal therefrom 
by the transferor of the number plate and seal, the manufacturer 
or dealer shall forthwith deliver to the department of public 
works, transportation prepaid, said number plate and seal. 


Sec. 14. Notice of transfer by operation of law.—In case of 
transfer of ownership of a motor vehicle, registered under the 
provisions of this act, by operation of law, as upon inheritance, 
devise or bequest, order in bankruptcy, or insolvency, execution 
sale, re-possession upon default in performance of the terms of a 
lease or executory sales contract, or otherwise than by the volun- 
tary act of the registered owner, the notice of transfer, as well 
as the joint statement hereinabove provided for, shall be signed 
by the executor, administrator, receiver, trustee, sheriff, or other 
representative or successor in interest of the registered owner in 
lieu of such owner, and the transferee’s application for regis- 
-tration shall be accompanied by a statement of the special 
facts in the premises: Provided, that the department of 
public works may in its discretion require from the transferee, 
before registering such motor vehicle, such additional informa- 
tion respecting such involuntary loss of ownership by the former 
registered owner as may be satisfactory to said department of 
public works. : 


Sec. 15. Registration fees.—The following fee shall be paid 
upon the registration of each motor vehicle, in accordance with 
the provisions of this act, and the receipt therefor shall accom- | 
pany the application hereinbefore provided for; for the registra- 
tion of every motor cycle and every two wheel truck weighing 
less than one thousand pounds $5.00; for the registration of each ’ 
motor vehicle a minimum of $10.00 and 50 cents additional for 


—393- 


each 100 pounds in weight of such cars, in excess of 2000 pounds: 
PROVIDED, for trucks, and for cars equipped to carry more 
than seven passengers, the amount of fee shall be based upon the 
weight of such trucks and cars when loaded to capacity, and in 
estimating the capacity of cars carrying more than seven passen- 
gers, the weight of each passenger shall be taken to be 150 pounds. 
The registration fees herein provided for shall be deemed an 
annual occupation tax: PROVIDED, no registration fee shall be 
charged for any motor vehicle owned by any city, or village of 
this state, for the use of the Police, Fire or other Departments, 
nor for any motor vehicle owned and used by any school district, 
county, state or the United States Government. PROVIDED, 
FURTHER, that the official registration year shall extend in each 
ease from January Ist to December 31st, inclusive, of the calendar 
year in which registration is had, but if payment of said registra- 
tion fee is paid after July Ist for registration of the balance of 
said year the fee shall be one-half of the annual fee provided in 
this section. 


Sec. 16. Same—payment and disposition.—All registration 
fees provided for in this article shall be paid to the County Treas- 
urer of the County in which the applicant for registraticn resides, 
and such treasurer shall credit twenty-five (25%) per centum of 
all fees so paid to the road dragging fund of the county and it 
shall be used by the County Board of said County for road drag- 
ging, and equipment for road dragging, for strawing, claying or 
stable littering the roads and for no other purpose. The County 
Treasurer shall immediately transmit the remaining sum of any 
registration fees so collected by him to the State Treasurer to be 
placed in a fund to be known as the ‘‘State Highway Fund,’’ 
and all money remaining in the motor vehicle fund on March 381, 
1919, and all money paid into said fund after March 31, 1919, 
shall be immediately transferred to the state highway Fund. 
The State Treasurer and State Auditor shall. each keep in his 
‘books, a separate account with each county showing the amount 
received and the amount expended therefrom under this act. 


See. 17. Same—duty of county treasurers—The County 
Treasurer shall issue receipts for all fees received under this act 
in duplicate to the applicant for registration, one copy of such 
receipt to be retained by the applicant and the other to be for- 


—394— 


warded to the department of public works, as provided in this 
article. It shall be the duty of the County Treasurers to keep a 
record of all motor vehicle owners in their respective counties. 
It shall be the duty of the county treasurer to send notices to the 
owners of motor vehicles of the time of the expiration of their 
paid registration period and the fact that they may lose their 
registration number if not renewed. Said notice shall be sent 
not more than ten days before the expiration of such period. 


See. 18. State highway fund appropriation—how expended. 
—Said State Highway Fund shall be used on the State Highway 
System in such manner that each County shall receive the benefit 
of all money paid into said fund from such County; and there is 
hereby appropriated to be expended as provided by law under 
the direction of the department of public works, for and during 
the biennium, ending March 31, 1921, all the money now in the 
State Highway Fund or that may come into said fund at any 
time during the said biennium and immediately upon the taking 
effect of this Article, the Secretary of State shall transfer to the 
department of public works, all records, books, blanks, reports, 
motor vehicle numbers, and all other appurtenances and property 
pertaining to motor vehicles. 

Sec. 19. Registration by manufacturers or dealers in motor 
vehicles —Each manufacturer of, or dealer in, motor vehicles, 
doing business in this state, may register one motor vehicle of 
each class manufactured by or dealt in by him, and if a number, 
to be furnished by the department of public works, correspond- 
ing to the registration number issued to such manufacturer or 


dealer, is displayed, as provided in Section 22, of this act, on every © 


vehicle in the class for which it is issued, while such vehicle is 
being operated on the highways by such manufacturer or dealer, 
or his agents or representative, it shall be deemed a sufficient 
compliance with this article. PROVIDED, that duplicate num- 
bers may be secured at a charge of $1.00 each. PROVIDED, 
HOWEVER, that the purchaser of a new motor vehicle may act 
as the agent of the dealer from whom such vehicle was purchased 
and carry such dealer’s registration number for a period not ex- 
ceeding ten days; and Provided Further, nothing in this Section 
shall be construed to apply to a motor vehicle operated by a manu- 
facturer or dealer for his private use or for hire. 


De FS tal OE a i 


a ae 


—395— 


Sec. 20. Same—classification for registration purposes.—In 
construing the provisions of the last preceding section, electrically 
driven motor vehicles shall constitute a class, those propelled by 
steam, a class; those propelled by gasoline explosive type engines, 
a class, and those trucks or cars having a carrying capacity of 
more than 4,000 pounds a class; PROVIDED, such manufacturer 
or dealer shall comply in all other respects with the provisions 
of this article. 


Sec. 21. Same—separate registrations required for branches 
or sub-agencies.— Whenever a manufacturer or dealer shall main- 
tain a branch or sub-agency, he shall apply for a separate regis- 
tration for such branch or sub-agency, and shall pay therefor 
the fees provided in Section 15 of this article, for the registration 
of motor vehicles owned by, or under the control of, a manufac- 
turer or dealer, and the determination of the department of public 
works upon the question whether any establishment constitutes 
a branch or sub-agency, within the intent of this article, shall be 
conclusive. PROVIDED FURTHER, that no manufacturer or 
dealer or any employee of such manufacturer or dealer, shall 
cause or permit the display or other use of any number-plates, 
seal or certificates of registration, which may have been issued 
to such manufacturer or dealer, hereinbefore provided for, except- 
ing upon motor vehicles owned by such manufacturer or dealer 
within the meaning and intent of this act. 


See. 22. Unlawful to operate motor vehicle without plate 
attached.—Except as in this act otherwise provided, no person 
shall operate or drive, or cause to be operated or driven, a motor 
vehicle on the public highways, unless such vehicle shall at all 
times have displayed the number plate on the back thereof, fur- 
nished for it as hereinbefore provided, together with registration 
seal furnished by the department of public works, and said regis- 
tration seal shall be securely attached to the number plate in the 
space provided thereon for that purpose; in all cases such num- 
ber plate shall be securely fastened to the motor vehicle so as to 
prevent such plate from swinging, and at a minimum distance 
of 16 inches from the ground. No person shall attach to or dis- 
play on such motor vehicle, any number plate or registration seal 
or certificate, other than as assigned to it for the current year, 
or a fictitious or altered number plate, seal or registration certi- 


—396— 


ficate, or a number plate, or registration certificate that shall 
have been canceled by the department of public works. 


Sec. 23. Identification marks to be kept clear and distinct— 
duplicates.—All letters, numbers, seals, printing, writing and 
other identification marks, upon such plate, seal, and certificate, 
shall be kept clear and distinct and free from grease, dust or 
other blurring matter, so that they shall be plainly visible at al! 
times during daylight and under artificial light in the night time: 
PROVIDED that in case any such plate, seal or certificate of 
registration shall be lost, mutilated, or shall have become illegible, 
the person to whom such plate, seal and certificate shall have 
been furnished, shall immediately apply to the department of 
public works for a duplicate thereof, accompanying his applica- 
tion with a fee of $1.00. 


Sec. 24. Unlawful to operate motor vehicles without regis- 
tration.—No person shall operate or drive a motor vehicle on the 
public highways unless such vehicle shall at all times carry in 
or upon it, subject to inspection by any peace officer, the registra- 
tion certificate furnished for it as hereinbefore provided, which 
in the ease of an automobile shall be fixed in the container fur- 
nished by the department of publie works, in plain sight in the 
driver’s compartment of the automobile, and which in ¢ase of a 
motor cycle shall be carried either in plain sight, affixed to said 
motor cycle, or in the tool bag or some convenient receptacle 
attached to said motor cyele. 


Sec. 25. County treasurers to be agents for registration pur- 
poses.—The department of public works, shall designate and ap- 
point the Treasurers of the various counties to be agents of the 
said Board in such counties, for the purpose of registering motor 
vehicles, and for the granting of licenses to applicants, subject 
to the requirements of this article, and in accordance with such 
rules and regulations as shall be imposed by the department of 
publie works: PROVIDED, upon the transfer of ownership of 
any motor vehicle the title thereto shall not pass until the certi- 


ficate of registration properly executed by the transferor and by — 


the transferee, shall be filed in the department of public works 
as required in this act. 


Sec. 26. Power of local authorities to regulate use and opera- 


= i aan te Se 
See Sees 


eee ee 


— 


x 


_ 


—397— 


tion of motor vehicles.—Nothing contained in the provisions of 
this act shall be construed to limit the power of local authorities 
to ‘make, enforce and maintain any ordinances, rules or regula- 
tions, in addition to the provisions affecting motor vehicles. 


Sec. 27. Minor under sixteen or intoxicated person—not 
operate.—It shall be unlawful for any person under sixtcen years 
of age, or for any intoxicated person to operate a motor vehicle, 
and .any owner, dealer, or manufacturer of motor vehicles who 
permits a person under sixteen years of age or any intoxicated 
person to operate a motor vehicle shall be deemed guilty of a 
misdemeanor and shall be punished as hereinafter provided for 
violation of the provisions of this article. 


Sec. 28. Speed rate.—No person shall operate a motor vehicle 
on any highway outside of a city or village at a rate of speed 
greater than is reasonable and proper, having regard for the 
traffic and use of the road and the condition of the road, nor at a 
rate of speed such as to endanger the life or limb of any person, 
nor in any case at a rate of speed exceeding thirty-five miles 
per hour; and within any city or village no motor vehicle shall 
be operated at a rate of speed greater than is reasonable and 
proper, having regard of the traffic and use of the road and the 
condition of the road, nor at a rate of speed such as to endanger 
the life or limb of any person. Upon approaching an intersec- 
tion of highways or a bridge, or a sharp curve, or a steep descent, 
or another vehicle, or an animal, or person, outside of any village 
or city, the person operating a motor vehicle shall reduce the 
speed of such vehicle to a rate not exceeding fifteen miles an 
hour and shall not exceed such speed until entirely past such 
intersection, bridge, curve, descent, vehicle, animal, or person. 
Upon approaching any place where passengers are getting on or 
off street cars every person operating a motor vehicle shall bring 
such vehicle to a full stop and shall not again start until said 
street cars have started. Provided, in cities or villages where 
provisions shall have been made by ordinance for safety zones. 
where street cars stop, and when such zones are distinctly marked 
on the street, persons operating motor vehicles may pass outside 
such safety zones without stopping; and Provided further, the 
speed limit in this section shall not apply to physicians, or sur- 


—398— 


geons, or police, or fire vehicles, or ambulances when answering 
emergency calls demanding excessive speed. 
Sec. 29. Stop and aid driver of horse.—Any person operat- 


ing a motor vehicle shall at request, or on signal by putting up 
the hand from a person riding or driving a restive horse or other 


draught or domestic animal, bring such motor vehicle immedi-. 


ately to a stop, and if traveling in the opposite direction remain 
stationary so long as may be reasonable to allow such horse or 
animal to pass, and if traveling in the same direction use reason- 
able caution in passing such horse, or animals; and the operator 
or occupant of any motor vehicle shall render necessary assist- 
ance to the party having in charge such horse, or other draught 
animal in so passing. Whenever any person traveling with any 
vehicle or conveyance on any road in this state shall overtake 
another vehicle or conveyance traveling in the same direction and 
shall by sound or eall indicate to the driver thereof his or her de- 
sire to pass, it shall be the duty of the driver of the vehicle or con- 
veyance in front, if the nature of the ground or the condition of his 
load will permit, to promptly turn to the right of the center of the 
road, and the driver of the vehicle or conveyance behind shall then 
turn to the left of the center of the road and pass without in- 
terfering or interrupting, and the driver of said vehicle or con- 
veyance passing shall not return to the center of the road until 
at least thirty feet ahead of the vehicle or conveyance passed. 


Sec. 30. Collision—duty of persons causing.— Whenever an 
automobile, motorcycle, or other motor vehicle regardless of the 
power by which the same may be drawn or propelled, strikes any 
person, or collides with a vehicle containing a person, the driver 
of, and all persons in such automobile, motorcycle or other motor 
vehicle, who have or assume authority over such driver, shall 
immediately cause such automobile, motoreycle, or other motor 
vehicle, to stop and shall render to the person, or to the occupants 
of the vehicle collided with, all necessary assistance, including 
the carrying of such persons or occupant to a physician or sur- 
geon or hospital for medical or surgical treatment if such treat- 
ment is required, or if such carrying is requested by the person 
struck, or any occupant of the vehicle struck, and such driver 
and person having or assuming authority over such driver, shall 
further give to the occupants of such vehicle or person struck 


“ a. 5 Pw | a ——_ ag 
— ih. on eo s ~ ‘ia Sod a 
CP REN ee Sd TAO a ey el Pe - 


—399- 


the number of such automobile, motorcycle or other motor vehicle, 
also the name of the owner thereof and the names of the passen- 
sérs or occupants in such automobile, motorcycle or other motor 
vehicle at the time of such striking or collision. 


Sec. 31. Have good brakes and lights.—Every motor vehicle 
while in use on public highways shall be provided with good and ~ 
sufficient brakes and also with a suitable bell, horn or other 
signal, and shall have exhibited during the period from one hour 
after sunset to one hour before sunrise one or more lanips show- 
ing white lights visible within a reasonable distance from the 
direction in which such vehicle is proceeding, and a red light 
visible from the reverse direction; provided further it shall be 
unlawful to use on a vehicle of any kind operated on the public 
highways of this state any lighting device of over four candle- 
power equipped with a reflector, unless the same be so designed, 
deflected, or arranged that no portion of the beam of reflected 
light, when measured 75 feet or more ahead of the lamps, shall rise 
above 42 inches from the level surface on which the vehicle 
stands under all conditions of the load. Spot lights shall not be 
used except when projecting their rays directly on the ground 
and at a distance not exceeding 30 feet in front of the vehicle. 


Sec. 32. Violation—penalty.—The violation of any of the 
provisions of this article shall be deemed a misdemeanor punish- 
able by a fine of not exceeding fifty dollars for the first offense, 
and punishable by a fine of not less than fifty dollars nor more 
than one hundred dollars, or imprisonment not exceeding sixty 
days in the county jail for each subsequent offense, or both fine 
and imprisonment; PROVIDED, however, if any person operat- 
ing a motor vehicle in violation of the provisions of this article 
shall by so doing seriously, maim or disfigure any person, or 
cause the death of any person or persons, he shall upon convic- 
tion thereof be fined not less than two hundred dollars nor more 
than five hundred dollars, or be imprisoned in the penitentiary 
for not less than one year or more than ten years. 


Sec. 33. Exceptions.—The provisions of this article so far 
as they relate to registration and fees shall not apply to motor 
vehicles registered prior to the taking effect of this article for 
the year 1919, except upon the transfer of ownership of such 


eis ttls RAR DRA oe RE RG) LV yt 
A eakele Cet Gn ply ae Ye a 
THREAT mE Us a. Pee eh arth 

ead iis 


—400- 


- motor vehicle or motor vehicles, owned and operated, for a period © 
not exceeding thirty days at a time, by non-residents of this state: 
PROVIDED, the owners thereof have complied with any law re- 
quiring the registration of owners of motor vehicles in the state, 
territory or federal districts of their residence; and provided the 
registration number and the initials of such state, territory, or 
federal district shall be displayed on such vehicles leg 
as provided in this act. . 


Sec. 34. Publication of certificates of registration.—The de- 
partment shall publish in pamphlet form, the second week in each 
ealendar month in each year a complete list of all certificates of 
registration of motor vehicles issued during the prior month, 
showing the addresses of owners of motor vehicles with manu- 
facturers name of motor vehicle abbreviated, the registration 
number assigned and any other information the department may 
‘deem of public interest. The first pamphlet of certificates of © 


registration published in the year 1919 shall inelude all certificates — 3 
of registration issued during the previous months in said year. — 


Copies of such pamphlet shall be furnished free of charge to eo 7 
county attorneys, sheriffs, constables and police officers in any 


incorporated city or village applying therefor. Other copies shall 


be furnished on application at a price of ten ($10.00) dollars per 
year, provided that the original list furnished to others than 
public officials shall be furnished at a price of twenty-five ($25. 00) | i 
dollars per copy. 


ARTICLE V. 
IRRIGATION AND WATER POWER. 
DIVISION 1. 

‘GENERAL PROVISIONS. 


Section 1. (3369) Water for irrigation natural want— 
Water for the purposes of irrigation in the state of Nebraska, is. 3m 
hereby declared to be a natural want. a 


See. 2. (3370) Dedication of water to public use.—The ee 


water of every natural stream not heretofore appropriated with- 
in the State of Nebraska is hereby declared to be the property 


Seater Oy cain 3 HOt Oe —401— 


of the public, and is dedicated to the use of the people of the 
etate, subject to appropriation as herein provided. 


\ Sec. 3. (8371) First in right.—As between appropriators, 
the one first in time is first in right. 


Sec. 4. (33872) Use of waters—priority.—The right to di- 
vert unappropriated waters of every natural stream for beneficial 
use shall never be denied. Priority of appropriation shall give 
the better right as between those using the water for the same 
purposes, but when the waters of any natural stream are not suf- 
ficient for the use of all those desiring the use of the same, those 
using the water for domestic purposes shall have the preference 
over those claiming it for any other purpose, and those using the 
water for agricultural purposes shall have the preference over 
those using the same for manufacturing purposes. 


Sec. 5. (3373) Date of priority.—The priority of such ap- 
propriation shall date from the filing of the application in the 
office of the department of public works. 


Sec. 6. (8374) Existing rights—Nothing in this article 
contained shall be so construed as to interfere with or impair the 
rights to water appropriated and acquired prior to the fourth 
day of April, 1895. 


See. 7. (8375) ‘‘Irrigation canal’’ defined.—Any canal con- 
structed for the purpose of developing water power, or any other 
useful purpose, and from which water can be taken for irriga- 
f19n, 18 hereby declared to be an ‘‘irrigation canal’’ and all laws 


relating to irrigation canals shall be deemed applicable thereto. 


Sec. 8. (8376) Water to be returned to stream.—The water 
appropriated from a river or stream shall not be turned or per- 
mitted to run into the waters of channel of any other river or 
stream than that from which it is taken or appropriated, unless 
such stream exceeds in width one hundred feet, in which event 
not more than seventy-five per cent. of the regular flow shall be 
taken. 


See. 9. (3377) No land burdened with more than one ditch. 
—No tract of land slrall be crossed by more than one ditch, canal 
or lateral without the written consent and agreement of the own. 


—402- 


ers thereof, if the first ditch, canal, or lateral can he made to 
answer the purpose for which the second is desired or intended. 


Sec. 10. (8378) Water divisions.—The state of Nebraska 
is hereby divided into two water divisions, denominated water 
division No. 1 and water division No. 2 respectively. 


Sec. 11. (3379) Boundaries of division No. 1—Water 
division No. 1 shall consist of all the lands of the state drained 
by the Platte rivers and their tributaries lying west of the mouth 
of the Loup River; and also all other hands lying south of the 
Platte and South Platte rivers that may be watered from other 
superficial or subterranean. streams not tributary to the ‘Platte 
river. 


Sec. 12. (3880) Boundaries of division No. 2.—Water 
division No. 2 shall consist of all lands that may be watered 
from the Loup, White, Niobrara and Elkhorn rivers and their 
tributaries, and all other lands of the state not included in any 
other water division. 


See. 13. (8381) Irrigation works—common carriers. —Irri- 
gation works, constructed under the laws of this state, are hereby 
declared to be common carriers. 


See. 14. (3382) Irrigation uorks—control.—The state rail- 
way commission shall have the power and it shall be the duty 
of such commission to regulate the rates, service and general 
control of all irrigation works constructed and operated under 
the laws of the state of Nebraska except the work of irrigation 
districts. 


See. 15. (3383) Rates—The owner and operator of any 
such works for the storage, carriage or diversion of waters, ex- 
cept irrigation districts, must deliver all waters legally appro- 
priated to the persons entitled to the use of the water for 
beneficial purposes as reasonable rates to be regulated by the 
state railway commission and shall conduct and manage said 
works for the storage, carriage or diversion of waters for said 
appropriators, under such rules and regulations as shall be pre- 
scribed by the state railway commission for such service and con- 
trol of such irrigation works. 


Sec. 16. (8384) Irrigation works—repair.—Every person 


—403- 


\ 


\ managing, owning or controlling any irrigation works for the 
\storage, carriage or diversion of water, except irrigation districts, 
shall keep its headgates, diversion dams, canals and laterals in 
reasonable and proper repair for the delivery and diversion of 
water to the appropriators under its canal, and the regulation 
thereof shall be under the control and direction of the state rail- 


way commission. 


Sec. 17. (8385) Penalty.—The penalties provided for the 
violation of the rules, regulations and orders of the state railway 
commission in matters relating to common carriers, shall be in 
force as the rules and regulations with reference to this article. 


DIVISION 2. 
GENERAL POWERS. 


Section 1. Department of public works to replace state 
board of irrigation, highways and drainage.—The department of 
public works shall exercise the powers and perform the duties 
now assigned to the state board of irrigation, highways and 
drainage. 


Sec. 2. Reports of department.—The department of public 
works shall prepare and render to the governor, biennially, and 
oftener if required, full and true reports of the. work of the 
department of public works touching all of the matters and 
duties devolving upon said department of publie works by virtue 
of its office, which report shall be delivered to the governor on 
or before the 30th day of November of the year preceding the 
regular sessions of the legislature. Three thousand of said re- 
ports shall be printed and distributed according to the provisions 
of law governing the printing of other state reports. 


See. 38. Division superintendents.—There shall be one su- 
perintendent for each water division by this article created, who 
shall be appointed by the department of public works and who 
shall hold his office for two years or until his successor is ap- 
pointed and shall have entered upon the duties of his office, and 
who shall reside in the water division for which he is appointed. 
The state superintendent of each water division acting for the 
department of public works shall have immediate direction and 


TI TN Geena UNE ACR ND 2) BA SR otal Ded ah ag Saas Se Ute tarps AT eno mele 


—404— 


control of acts of the water commissioner and of the distribution 
of water in his water division. 


Sec. 4. Same—duties of superintendents.—Such superintend- 
ents shall, under the direction of the department of public works 
see that the laws relative to the distribution of water are executed 
in accordance with the rights of priority of appropriation. 


Sec. 5. Same—expense of superintendents.—The superin- | 
tendents shall make itemized reports to the department of publi¢ 
works of their time and expenses to be paid out of any state 
funds not otherwise appropriated, on certificate of the depart- 
ment of public works showing the amount of such employment, © 
and on presentation of such certificate to the state auditor he 
shall issue a warrant on the state treasurer for the amount thereof. 


Sec. 6. Same—compensation of superintendents.—The su- 
perintendents shall be paid six dollars per day for every day 
actually consumed in the performance of their duties as such 
superintendents, and shall in addition be paid their actual neces- 
sary traveling and other expenses incurred in the performance 
of their duties; and for such books and stationery as the de- 
partment of public works may require them to furnish: Provided, 
a superintendent shall not receive more than twelve hundred 
dollars in any one year on account of service as herein provided, 
including expenses. 


Sec. 7. Adjudication of water rights—The department. of 
public works shall make proper arrangements for the determina-— 
tion of priorities of right to use the public waters of the state, 
and determine the same. The method of determining the priority 
and amount of appropriation shall be fixed by the department. 


Sec. 8. Measurement of water in streams.—The department 
f public works shall measure or cause to be measured, the quan- 
ity of water flowing in the several streams of the state and make 
a record thereof in the office of the department of public works 
and shall from time to time make such additional measurements 
as may be necessary, in considering applications for water ap- 
propriations and such controversies as may arise regarding the 
distribution of water. | 


Sec. 9. Forfeiture of rights—AlIl appropriations for water 


On Fe gil oT tna Se) 


2 
wee 


—405- 


must be for some beneficial or useful purpose, and when the ap- 
propriator or his successor in interest ceases to use it for such 
purpose the right ceases. The department of public works shall, 
as often as necessary, examine into the condition of every water 
- appropriation, and into the condition of all ditches constructed 
or partially constructed within the state, and shall compile infor- 
mation concerning the condition of every water appropriation, 
and all ditches and canals and other works constructed, or par- 
tially constructed thereunder and if it shall appear that any 
water appropriation has not been used for some beneficial or use- — 
ful purpose, or having been so used at one time has ceased to be 
used for such purpose, for more than three years, the department 
of public works shall appoint a place and time of hearing and 
shall serve notice upon the owners of such water appropriation 
or such ditch or canal, or other diverting works to show cause 
by. such time and at such place, why the water appropriation 
owned by such person should not be declared forfeited and an- 
nulled, and shall also serve such notice upon the land owners 
under such water appropriation, ditch or canal. Such notice 
shall contain the date and place of hearing, a description of the 
water appropriation, the number thereof upon the books and 
records of the department of public works, the date of priority, 
the point of diversion and a description of the lands which are 
located under such water appropriation, and shall call upon all 
persons interested in said water appropriation to show cause 
why the same shall not be cancelled or annulled. Such notice 
shall be served personally at least thirty days before said date 
of hearing upon those owning or controlling the water appropria- 
tion and the ditch, canal or reservoir for the purpose of using or 
storing water for any purpose whatsoever, if they are known to 
the department of public works to be the owner thereof and main- 
tain an office within the state of Nebraska; and if they do not 
maintain an office within the state of Nebraska, then such notice 
shall be served by the publication thereof in some legal news- 
paper in the county in which the place of diversion of said water 
appropriation is located, for four consecutive weeks prior to said 
date of hearing and a copy of such notice shall further be per- 
sonally served or sent by registered mail to all persons appear- 
ing from the records of the county clerk or register of deeds to 


—406-— 


be land owners under such appropriation. At such hearing the 
verified report of the district superintendent shall be prima facie 
evidence for the forfeiture and annulment of such water appro- 
priation. If no one appears at said hearing, such water appro- 
priation shall be declared forfeited ‘and annulled. If some one 
interested appears and contests the same, the department of pub- 
lic works shall hear evidence, and if it appears that such water 
has not been put to a beneficial use, or has ceased to be used for 
such purpose for more than three years, the same shall be de- 
elared cancelled and annulled. An appeal may be taken from 
the decision of the department of public works upon said hearing 
to the district court of the county in which the point of diversion 
of such water appropriation is situated. 


Sec. 10. Record of adjudications.—As the adjudication of 
a stream progresses, and as each claim is finally adjudicated, the 


department of public works shall make and cause to be entered. 


of record in its office an order determining and establishing the 
several priorities of right to use the water of said stream, and 
the amount of the appropriation of the several persons claiming 
water from such stream and the character of use for which each 
appropriation shall be found to have been made. 


Sec. 11. Priority and amount of appropriations—how deter- 
mined.—Each appropriation shall be determined in its priority 
and amount, by the time at which it shall have been made, and 
the amount of water which the works are constructed to carry. 
An appropriator shall at no time be entitled to the use of more 
than he can beneficially use for the purposes for which the ap- 
propriation may have been made, and the amount of any appro- 
priation made by means of enlargement of the distributing works 
heretofore shall be determined in like manner. No allotment 
for irrigation shall exceed one cubic foot per second of time 
for each seventy acres of land, nor three acre-feet in the aggre- 
gate during one calendar year for each acre of land for which 
such appropriation shall have been made; neither shall it exceed 
the least amount of water that experience may hereafter indicate 
is necessary, in the exercise of good husbandry, for the produe- 
tion of crops. Where an appropriation is to irrigate an area of 
forty acres or less under an allotment of one-seventieth of one 
cubic foot or less per second continuous flow for each acre, and 


—407— 


the amount is so small that that a proper distribution and appli- 
cation is impossible, as much water as the applicant can use 
without waste may be allowed for a limited time so fixed as to 
give each appropriator his just share without violating prior 
rights. 


Sec. 12. Certificate of adjudication—Within thirty days 
after the determination of the priorities of appropriation of water 
of any stream, the department of public works, shall issue to 
each appropriator a certificate setting forth the name and post 
office address of the appropriator, the priority number of each 
appropriation, the amount of water appropriated and the amount 
of prior appropriations, and if such appropriation be for irriga- 
tion, a description of the land to which the water is to be ap- 
plied and the amount thereof. Such certificate shall be trans- 
mitted by the department of public works by registered mail to 
the county clerk of the county in which the appropriation shall 
have been made. The county clerk, within ten days after the 
receipt of such certificate, shall record the same in a book especial- 
ly prepared and kept for that purpose, and shall notify the per- 
son in whose favor the certificate is issued, of such record, and 
transmit said certificate to such person on payment of the fees 
for recording, which fee shall not exceed seventy-five cents for 
each certificate so recorded. 


See. 13. Prosecution of construction.—Within. six months 
after the approval of any application for water for irrigation, 
power or other useful purpose under this article by the depart- 
~ ment of public works the person making such applicatjon shall 
commence the excavation or construction of the works in which 
it is intended to divert the water, and the actual construction of 
any water power plant and reservoir or reservoirs for storage in 
connection therewith and shall vigorously, diligently and uninter- 
ruptedly prosecute such work to completion unless temporarily 
interrupted by some unavoidable and natura) cause. A failure — 
to comply with the provisions of this section, shall work a for- 
feiture of the appropriation and all rights thereunder. The cost 
of promotion and engineering work shall not be considered a 
part of the cost of construction and the progress of the construc- 
tion work shall be such that one-tenth of the total work shall 
have been completed within one year from the date of approva! 


—408— 


of the application. The applicant shall, at the end of six months | 
after the allowance of his application, furnish to the department 
of pubie works a detailed report of the total amount of work 
necessary to complete the project, which report shall conform to 
the requirements of the department of public works and satisfac- 
tory evidence that the work of construction has been begun. 
The construction of all work required in connection with the pro- 
posed project shall be prosecuted in the manner above deseribed 
and with such a force as shall assure the average rate of con- 
structional progress necessary to complete such work or works 
within the time stipulated in the approval of such application, 
notwithstanding the ordinary delays and casualties that must be 
expected and provided against. In the case of an applicant for 
an appropriation granted for the development of water power, 
the appropriator shall, on or before the tenth day of each month 
after the date fixed for the commencement of such work, report — 
under oath, to the department of public works the actual amount | 
of money expended upon such power development during the 
preceding calendar month for right of way and land, labor, sal- 
aries, material and machinery, not including construction or 
equipment delivered upon the ground, and said report shall be 
made in form, detail and manner prescribed by the department — 
of public works. A failure to carry on the construction of either 
an irrigation or water power project, as outlined above, or in 


the case of a water power development, a failure to file the above ic 
reports within the time required, shall work a forfeiture of the vig 


appropriation and all rights thereunder and the department of 
public works shall cancel said appropriation within thirty days — 
of such failure. The department of public works shall have free 
access to all records, books and papers of any irrigation or water 
power company and shall have the right to go upon the right 
of way and land of any said company, and shall inspect said 
work to see that it is being done according to plans and specifica- 
tions approved by the department of public works, and shall also 


keep a record of the cost of construction work, where the same 


is deemed advisable for physical valuation purposes. 


Sec. 14. State board of irrigation—jurisdiction—hearings.— 
The department of public works is given jurisdiction over all 


matters pertaining to water rights for irrigation, power or other 


ee 


—409- 


useful purposes, highways and drainage and shall adopt rules 
governing matters coming before it. It may refuse to allow any 
water to be used by claimants until their rights have been deter- 
mined and made of record. It may request information relative 
to irrigation, water power, highways and drainage works, from 
any and all county, irrigation, power or drainage officers, and 
from any other person or persons. It shall have public hearings 
on complaints, petitions or applications in connection with any 
of the above matters. Such hearings may be had at the time 
and place designated by the department. The department of 


_ public works shall have power to certify to official acts, compel 


attendance of witnesses, take testimony by deposition, as in suits 
at law, to examine books, papers, documents and records of any 
county, party or parties interested in. any of the matters herein- 
before mentioned, or have such examination made by its qualified 
representative, and shall make and preserve a true and complete 
transcript of its proceedings and hearings. Upon any hearing, 
the department shall receive any evidence relevant to the matter 
under investigation, and the burden of proof shall be upon the 
person making the complaint, petition and application. After 
such hearing and investigation, the department shall render a 
decision in the premises in writing and shall issue such order or 
orders, duly certified, as it may deem necessary. 


Sec. 15. Appeal from determination of department.—If any 
eounty, party or parties interested in irrigation, water power, 
highways or drainage work affected thereby shall be dissatisfied 
with the decision or with any order adopted, said dissatisfied 
county, party or parties may institute proceedings in the supreme 
court or Nebraska to reverse, vacate or modify the order com- 
plained of. The procedure to obtain such reversal, modification 
or vacation of any such decision or order upon which a hearing 
has been had before said department shall be governed by the 
same provisions now in force with reference to appeals and error 
proceedings, from the district court to the supreme court of Ne- 
braska. The evidence presented before the department of public 
works as reported by its official stenographer and reduced to 
writing together with a transcript of the record and pleadings 
upon which the decision is based, duly certified in said case under 
the seal of the department of public works, shall constitute the 


—410- 


complete record and the evidence upon which the ease shall be 
presented to the appellate court: Provided, however, the time 
for perfecting such appeal shall be limited to sixty days, and the 
supreme court shall advance such appeal to the head of its docket. 


Sec. 16. Appropriation— water— application— allowance.— 
The United States of America and every person, hereinafter in- 
tending to appropriate any of the public waters of the state of 
Nebraska, shall before commencing the construction, enlargement 
or extension of any works for such purpose, or performing any 
work in connection with the same, or before taking any water 


from any constructed works, make an application to the depart- . 


ment of public works for a permit to make such appropriation. 
The appli¢ation shall set forth the name and postoffice address 
of the applicant, the source from which said appropriation shall 
be made, the amount thereof as near as may be, the location of 
any proposed work in connection therewith, the time required 
for its completion, which shall embrace the period required for 
the construction of the ditches thereon, the time at which the 
application of the water for the beneficial purposes shall be made, 
which shall be limited to the time required for the completion of 
the work when prosecuted with diligence, the purpose for which 
water is to be applied, and, if for irrigation, a description of the 
land to be irrigated thereby, and the amount thereof and any 
additional facts which may be required by the department of 
public works. On receipt of the application, which shall be on 
a form prescribed by the department of public works and be 
furnished by it without cost to the applicant, the department shall 
make a record of the receipt of said application and cause the 
same to be recorded in its office, and make a careful examination 
of the application to ascertain whether it sets forth all the facts 


necessary to enable the department to determine the nature and 


amount of the proposed appropriation. If such an examination 
shows the application in any way defective it shall be returned 
to the applicant for correction, with a statement of the correc- 
tion required, within thirty days after its receivt; and thirty 
days shall be allowed for the refiling thereof, in default of which 
refiling the application shall stand dismissed. If filed corrected 
as required, within such time, the application shall, upon being 
accepted and allowed, take priority as to date of the original 


—411— 


filing, subject to compliance with the future provisions of the 
law and the regulations thereunder. 


See. 17. Approval of application—If there is unappro- 


-priated water in the source of supply named in the application, 


and if such application and appropriation when perfected is not 
otherwise detrimental to the public welfare, the department shall 
approve the same, by endorsement thereon, and shall make a 
record of such endorsement in some proper manner in its office 
and return the same so endorsed to the applicant, who shall, on 
receipt thereof, be authorized to proceed with the work and to 
take such measures as may be necessary to perfect such applica- 
tion into an appropriation. The priority of such application and 
appropriation when perfected shall date from the filing of the 
application in the office of the department and the date of filing 
shall be regarded as the priority number thereof. The depart- 
ment may, upon examination of such application, endorse its ap- 
proved for a less period of time for perfecting the proposed 
appropriation, or for a less amount of water, or for a less amount 
of land than applied for. An applicant feeling himself aggrieved 
by the action of the department shall, upon proper showing, be 
granted.a hearing before the department, which hearing shall 
be conducted in accordance with the rules of procedure adopted 
by the department, and a full and complete record shall be kept 
of all such proceedings. When a complete record of the case 
has been made up, the department shall render an opinion of 
facts and of law based upon the evidence before it. 


Sec. 18. Refusal of applications.—If there is no unappro- 
priated water in the source of supply, or if a prior appropriation 
has been perfected to water the same land to be watered by the 
applicant, the department, may refuse such application, and the 
party making such application shall not prosecute such work so 
long as such refusal shall continue in force. An application for 
appropriation shall not be exclusive of any of the lands included 
therein until the owner or owners of such land shall give con- 
sent to the same in proper form, duly acknowledged. No appli- 
cation made, or canal constructed, prior to the application of 


‘the water and the perfection of an appropriation therefor, or the 


filing of the consent herein provided, shall prevent other appli- 
cations from being allowed, and other canals from being con- 


—412— 


structed, to irrigate the same lands or any of them. In case of © 


an application for an appropriation of water for the development 
of water power, the department shall promptly act upon such 
application and limit the time within which such appropriation 
shall be perfected to the period within which the proposed power 
project can be completed by uninverrupted and expeditious con- 
struction. 


ance of an application, the applicant shall file in the office of the 


department, within six months thereafter, a map or plat, which : 3 
shall conform to the rules and regulations of the department as — 


Sec. 19. Approval—plat or map.—Upon approval and iow 2 


to material, size and coloring, and be upon a scale of not less 


than two inches to the mile. Such map or plat shall show the 
source from which the proposed appropriation is to be taken, 


and all proposed dams, dykes, reservoirs, canals, power houses — a 
and other structures for the purpose of storing, conveying or ~ 
using water for any purpose whatsoever, and their true courses ~ 


or positions in connection with the boundary lines and corners 


of lands which they occupy. Land listed for irrigation shall be tae 
shown in government sub-divisions or fractions thereof, as the oe 
case may be; and no rights shall be deemed to have been ac- 
quired under the provisions of this section shall have been com- any 
plied with, and a failure to so comply shall work a St ue al 


of the appropriation and all rights thereunder. 


Sec. 20. Certificate of appropriation.— When it shall appear a 


to the satisfaction of the department that an application has been — . 
perfected the department shall send to the county clerk a certi- as 


ficate of the character described in this article, which certificate a * 


shall be by him recorded. 


Sec. 21. Standard measurements of water.—The standard of : “a 


measurement for flowing water, both for determining the flow 
of water in natural streams and for the purpose of distributing 


it therefrom when appropriations shall have been made for direct 
flow shall be one cubic foot per second of time. The standard of 


measurement of the volume of water shall be one acre foot, 


equivalent to forty-three thousand five hundred sixty cubic feet, i. 


and when water is stored in any natural or artificial reservoir, 


this standard shall be used for determining the capacity of stor- _ 


—413— 


age reservoirs, the amount stored and the amount used there- 


from. One ‘‘miner’s inch”’ shall be one-fiftieth of one cubic foot 
per second. 


Sec. 22. Water districts—The department shall divide each 
water division into subdivisions, the boundary lines of which shall 
conform to the division lines of the watersheds therein. Hach 
subdivision shall be divided into water districts, which shall not 
include territory in more than one subdivision of any water divi- 
sion, but there may be as many water districts in any one sub- 
division as the department may deem necessary. 


See. 23. Water commissioner.—lor each district created 
under the next preceding section, the department shall appoint 
one water commissioner, who shall hold his office for a period of 
two years unless sooner removed by the department. 


Sec, 24. Same—duties.—The water commissioner, shall per- 
form such duties in the distribution of the waters of his district 
as may be assigned to him by the department. 


See. 25. District commissioner—compensation.—The water 
commissioners shall each be paid four dollars per day and actual 


necessary traveling expenses for each day he shall be actually 
employed. Each water commissioner shall keep a just and true 


account of the time spent by him in the performance of his duties, 
and he shall present a verified copy thereof, to the superintend- 
ent of his water division, who shall approve the same if found 
to be correct, and file it with the department, to be paid as are 
other expenses of the department. Provided, that the total com- 
pensation and traveling expenses of all water commissioners shall 
not exceed the sum of five thousand ($5000) dollars per annum. 


Sec. 26. Headgates in measuring’ devices—failure to con- 
struct.—Persons owning or controlling any ditch, canal or reser- 
voir for the purpose of storing or using water for any purpose 
shall, upon thirty days’ notice by the department, construct and 
maintain at the point of diversion a substantial headgate, of a 
design approved by the department so built that it may be closed, 
or partially closed and fastened at any stage with lock or seal. 
‘They shall also construct a device for measuring and apportion- 
ing the water appropriated, which device shall be of a design 
approved by the department and built at the most practical point 


oe 


to be selected and fixed by it. If they shall neglect or refuse, 
for a period of ten days, to construct such headgate and measur- 
ing device the department shall refuse to allow any water to be 
delivered to or used by or through any. such ditch, canal or 
reservoir or any other contrivance or device for appropriating, 
using or storing water, and the department may construct bars 
or dams or other obstructions to prevent such delivery or use. 


Sec. 27. Dam—reservoir—Any person intending to con- 
struct any dam for reservoir purposes or across the channel of 
any running stream, shall, before beginning such construction, 
submit the plan of the same to the department for examination 
and approval, and no dam shall be constructed until the same 
shall have been so approved. Any person constructing a dam 


across the channel of any running stream without having ob-— 


tained such consent and approval, shall be deemed guilty of a 


misdemeanor and, upon conviction thereof, shall be fined in any — 


sum not exceeding one hundred ($100.00) dollars; and every day 
such dam is maintained shall be considered a separate offense. 


Sec. 28. Additional appropriation—when and how made.— 
Whenever any person shall desire to divert any of the unappro- 
priated waters of any natural lake or reservoir for the purpose 
of irrigating land for which water has already been appropriated, 
but for which in times of scarcity no water can be obtained from 
the appropriation already made therefor, such person may make 
application therefor and proceed as in cases of original applica- 
tion for appropriation. 


Sec. 29. Drainage plans—approval.—aAll plans for proposed he 


drainage districts shall be approved by the department of public 


works before any contract is let or work begun. The depart- 
ment shall have authority to order any change in said plans and 


require the drainage district to conform thereto, and at all times 
during the construction have the right to inspect said work and 
make recommendations pertaining to the same. Upon request 
of any party in interest the department may prepare and furnish 
at cost plans and specifications for any proposed drainage work. 


See. 30. Surface—The department may make surveys of 
streams, showing location of possible water power developments, 
irrigation and drainage projects. , 


aa ee 


—415-— 


Sec. 31. Measuring weirs—interstate waters.—The depart- 
ment may require operators of interstate ditches in Nebraska to 
construct and maintain a measuring weir at or near the state 
line of a type approved by said department and may require them 
to furnish daily reports of the amount of water passing through 
said weir into the state of Nebraska. 


DIVISION 3. 
CONSTRUCTION AND OPERATION OF IRRIGATION WORKS 


Section 1. Ditches, works of internal improvement.—Canals 
and other works constructed for irrigation or water power pur- 
poses, or both, are hereby declared to be works of internal im- 
provement; and all laws applicable to works of internal improve- 
ment are hereby declared to be applicable to such canal and 
irrigation works. 


Sec. 2. Right of eminent domain.—All persons desirous of 
constructing a ditch, building a dam, or dams, for the purpose 
of storing water for irrigation, evaporation and water power 
purposes, or conveying water to be applied to domestic, agricul- 
tural or any other beneficial use, or any dam, dike, reservoir, 
waste way, subterranean gallery, filtering wells, or other works 
for collecting, cleansing, filtering, retaining or storing water for 
any such use or to enlarge any such ditch, conduit, or water 
works, or to change the course thereof in any place, or to re- 
locate the headgate or to change the point at which the water 
is to be taken into such canal or other water works, or to enlarge 
any ditch, canal or other works, heretofore constructed, or to 
construct any ditch, or to lay pipes or conduits for conveying or 
distributing water so collected or stored to the place of using 
the same, or to set, place or construct a wheel, pump, machine 
or apparatus for raising water out of any stream, lake, pond or 
well so that the same may flow or be conveyed to the place of 
using or storing the same, and who shall be unable to agree with 
the owner or claimant of any lands, necessary to be taken for 
the site of any such works or any part thereof, touching the 
compensation and damages, shall be entitled to condemn the 
right of way over or through the lands of others for any and 
all such purposes. | 


—416— 


Sec. 3: Petition—procedure.—In case of the refusal of the 
owner or claimant of any lands through which such ditch, canal 
or other works are proposed to be made or constructed, to allow 
the passage thereof, the person, desiring the right of way, may 
present to the judge of the county in which such lands are situ- 
ated, a petition describing the lands to be crossed, the size of the 
ditch, canal or works, the quality of land which is required to 
be taken, and setting forth the names of the parties interested _ 
in the lands to be crossed, and praying for the appointment of 
five appraisers, disinterested freeholders of said county,.to ascer- 
tain the compensation to be made to such owners or parties in- 
terested. Upon the filing of said petition, the same proceedings 
for condemnation of such right of law shall be had as is pro- 
vided by law for the condemnation of rights of way for railroad 
corporations; and the same provisions of law providing for the 
condemnation of rights of way for railroad corporations, the pay- 
ment of damages and the rights of appeal shall be applicable to 
irrigation ditches, canals and other works provided for in this 
article. 

See. 4. Right of way for irrigation laterals—Whenever any 
person has acquired any rights to water for any lands owned by 
him where prior to the building of the laterals and the applica- 
tion of the water, any intervening canal, ditch or lateral has 
been constructed, he shall have the right to construct laterals 
from such irrigation canal to the lands owned by him and to 
have such irrigation laterals cross the lands and intervening 
canals to the land owned by him. If such intervening owner 
shall refuse to sell the right of way for such irrigation lateral, 
the owner shall have the right of eminent domain to condemn 
said right of way, in the same manner as condemnation proceed- 
ings are now permitted for the construction of irrigation canals. 


Sec. 5. Right of way to federal government.—There is here- _ 
by granted, over all the lands now or hereafter belonging to the 
state of Nebraska, a right of way for ditches, tunnels and tele-— 
phone and transmission lines necessary to the construction and 


operation of any irrigation works constructed by authority of — : ps 


the United States; and in all conveyances the said right of way 
shall be reserved. | 


AAT. 


Sec. 6. May change place of diversion.—The owner of any 
ditch, storage reservoir, or other device for appropriating water 
may, upon petition to the department, and upon its approval 
change the point of diversion of, or the line of any flume, ditch 
or aqueduct. In no ease shall the point of diversion for water 
power purposes be more than two miles distant from the original 
point of diversion. 


Sec. 7. Use of state lands and highways.—<Aill persons de- 
sirous of construeting any of the works provided for in the pre- 
ceding sections, shall have the right to occupy state lands and 
obtain right of way over, and across any highway in this state 
for such purpose without compensation. All bridges or cross- 
ings over such ditches, laterals and canals shall be constructed 


under the supervision of the county. All such persons, may ob- 


tain a right of way not to exceed sixteen feet in width, for a 
like purpose along, parallel to and upon one side of any sixty- 
six foot highway by condemnation proceedings where the same 
does not interfere with the proper drainage of such highway. 
In such cases the abutting landowner and the county may grant 
such right of way, or in case of their refusal notice shall be 
served upon them and proceedings had as in other cases. Not 
more than one such ditch or lateral shall be permitted along the 
side of the same highway. 


Sec. 8. Conducting into and from natural streams.—Any 
person may conduct water into or along any of the natural 
streams or channels of this state, and may withdraw all such 
water at any point without regard to any prior appropriation of 
water from said stream, due allowance being made for evapora- 
tion and seepage to be determined by the department of public 
works. Subject to the exceptions hereinafter stated, before any 
person may conduct water into or along any of the natural streams 
or channels of this state he shall first obtain the consent in writ- 
ing of the majority of residents and land owners bordering upon 
such stream or channel, and shall be liable for any damages re- 
sulting from the overflow of such stream or channel when water 
so conducted contributed to such overflow. Any person actually 
engaged in the construction or operation of any water power 
plant may, without such written consent, upon payment of all 
damages, use any such stream or channel for a tail-race or canal; 


—418-— 


and may, whenever necessary, widen, deepen, or straighten the 
bed of any such stream. All damages resulting therefrom shall - 
be determined in the manner prescribed by law for assessing 
damages where property is appropriated for the right of way for 
irrigating ditches, canals and reservoirs. 

See. 9. (Ch. 68, Laws 1915) Management of ditches— 
changing line of ditch—damage.—No owner of any ditch or canal 
shall change the line of the ditch or canal so as to interfere with 
the use of water by anyone, who, prior to the proposed change, 
had used water for irrigation purposes, from such ditch or canal, 
and the owner of any such ditch or canal shall keep the same 
in good repair so as to permit the water to flow in a quantity 
sufficient to furnish the statutory amount to the lands entitled 
thereto at all reasonable times. The majority of the water users 
under any ditch may designate such reasonable time for the use 
of water as such majority may determine upon, upon a written 
notice signed by such majority to the persons in control of such 
ditch. No-ditch shall be closed between April lst and October 
Ist. Ditches or canals which are supplied wholly or mainly from 
reservoirs shall not be required to furnish water for irrigation 
between November Ist and April 15th, following. Under all 
projects where two-thirds of the water users shall petition the 
owner in writing, the owner may limit the flow of water in the 
canal in accordance with said petition between November Ist 
and April 15th, following; and for a failure to cause the water 
to flow as aforesaid, the owner or owners or lessees of any such 
ditch or canal shall be hable to anyone for any damage resulting 
from such failure, and in addition, the person damaged shall 
have a lien upon such ditch or canal, which lien shall continue 
in force until such damages are paid, unavoidable accidents and 
shortage in the source of supply excepted. 


See. 10. Interfering with closed waterworks—taking water 
without authority—penalty.—Any person owning or in control 
of any ditch, reservoir or other device for appropriating or using 
water who shall wilfully open or close, change or interfere with 
the headgate or controlling gate, or by any method or means 
take any water from any natural stream, reservoir or other 
souree, through any ditch or canal to any land or lands, or allow 
the same to be done, or use or allow to be used any water upon 


5 ace as Dai ax x Pah 
= : a 


—419-— 


any land or lands, or for any other purpose whatsoever, without 
authority from the department of public works, shall be deemed 
guilty of a misdemeanor and, on conviction thereof, shall be fined 
in any sum not less than one hundred ($100.00) dollars and not 
more than one thousand ($1,000,00) dollars or imprisoned in the 
county jail for a term not exceeding six months with an addi- 
tional fine of five hundred ($500.00) dollars for each day the 
water is allowed to run without authority from the department. 


Sec. 11. Construction through private property.—Any per- 
son, constructing a ditch or canal through the lands of another, — 
having no interest in said ditch or canal shall build such ditch 
or canal in a substantial manner so as to prevent damage to such 
land. In all cases where necessary for the free and convenient 
use of lands on both sides of the ditch or canal by the owner or 
owners of such lands, the owner or those in control of such ditch 
shall erect substantial and convenient bridges across such canal 
or ditch, and they shall erect and keep in order suitable gates 
at the point of entrance and exit of such ditch through any en- 
closed field. 


Sec. 12. How lease—duty of owner.—Any owner or person 
in control of any ditch for irrigation purposes shall have his ditch 
in order to receive water from the source of supply on or before 
April 15th of each year, and shall construct necessary outlets in 
the banks for the delivery of water to all persons who are en- 


titled to the same, and shall maintain a substantial head-gate and 


measuring box or weir at the head of each lateral, which shall 
be constructed in accordance with plans and specifications ap- 
proved by the department. A multiplicity of outlets shall be 
avoided. The outlet shall be at the most convenient and prac- 


ticable points consistent with the protection and safety of the 


ditch and the efficient distribution of water among the various 
claimants thereof. 


Sec. 13. Right to use running water in canyons and ravines. 


_—The right to the use of running water flowing in any river or 


stream or down any canyon or ravine may be acquired by appro- 
priation by any person. 


Sec. 14. Superintendent of canals—duties——The owner or 
operator of any ditch or canal used for irrigation shall appoint 


—420- 


a superintendent who shall measure the water flowing through 
the outlets of such ditch or canal, and for the greater security 
of all concerned he may cause the gates to be securely locked 
and may retain in his possession all keys. In the event of the 
failure of the owner or operator to appoint a superintendent, as 
herein provided, any water user may petition the department 
of public works to appoint a superintendent. The department 
may appoint a superintendent for such ditch or canal, and said 
superintendent shall be entitled to three dollars per day for the 
time actually employed in the performance of his duties which 
shall be paid by the owner or operator of said ditch or canal, 


and in the event of his failure to make such payment, the amount : 


due shall become a lien upon said ditch or canal. 


Sec. 15. Water lands to be listed by officers of company.— 
By the first day of April each year, a verified list of all lands te 


be irrigated, the acreage of each tract, the names of the owners. 
or controllers, or in the case of a corporation or an association, ~ 


of its officers, shall be furnished the department for every ditch, 
reservoir or other device for appropriating, diverting, carrying 
or distributing water to be used as a basis for the distribution of 
water until the first day of April of the following year. <A record- 
ing gauge, of a design to be approved by the department, shall 
be installed by the owners or controllers, in every canal and waste 
ditch, to record the amount of water used. The department shall 
not furnish any water to be delivered to or used by or through 
any ditch, reservoir or other contrivance for the appropriation, 
use or storage of water until the provisions of this section have 
been complied with, and may construct bars or dams to prevent 
such delivery or use. 


Sec. 16. Duties of persons taking water.—No person shall- 


accept more water from any ditch, canal or reservoir than he is 
justly entitled to. On finding that he is receiving more water 
either through his head-gate or by means of leaks or by any 


other means, than he is entitled to receive he shall immediately | 


take steps to prevent the same. If he knowingly permits such 
excess water to come upon his land, and fails to promptly notify 
the owner of such ditch, canal or reservoir, he shall be liable in 
damages to any person who shall be injured thereby. 


—421-— 


Sec. 17. Reservoir.—Every person intending to construct 
and maintain a storage reservoir for irrigation or any other use- 
ful purpose, shall make an application to the department of public 
works upon a form prescribed and furnished to the applicant 
without cost. Such application shall be filed and proceedings had 
thereunder in the same manner and under the same rules and 
regulations as other applications. Upon the approval of such 
application the applicant shall have the right to impound all 
waters not otherwise appropriated and any appropriated water — 
not needed for immediate use, to construct and maintain neces- 
sary ditches for the purpose of conducting water to such storage 
reservoir, and to condemn land for such reservoir and ditches in 
the same manner as Is provided by law for the condemnation of 
rights of way for other ditches. The owner of such storage reser- 
voir shall be liable for all damages arising from leakage or over- 
flow of water therefrom, or from the breaking of the embank- 
ment of such reservoir. The owners or possessors of reservoirs 
shall not have the right to impound any water whatever in such 
reservoirs during the time that such water is required in ditches 
for direct irrigation or for reservoirs holding senior rights. When- 
ever any person shall divert water from a public stream and 
return it into the same stream, he may take out the same amount 
of water, less a reasonable deduction for seepage and evaporation 
to be determined by the department providing no prior appro- 
priator for beneficial use shall be prejudiced by such diversion. 
After the completion of such storage reservoir to the satisfaction 
of the department any person, proposing to apply to beneficial 
use the water stored shall file with the department an application 
for a permit, particularly describing the use to which the water 
is to be applied and, if for irrigation, a description. of the land 
to be irrigated. The owner of such storage reservoir shall have 
a preferred right to make such application for a period of six 
months from the time limited for the completion of such reservoir. 
The day of expiration of such period shall be endorsed upon the 
application when allowed. If made by any other than such own- 
er or owners prior to the expiration of such time, the same shall 
not be approved by the department until the applicant shall show 
by documentary evidence that he has acquired a sufficient in- 
terest in such storage reservoir to entitle him to enough water 


—422— 


for the purpose set forth in said application. No appropriation 
of stored water for irrigation shall exceed three acre feet during 
any calendar year for each acre of land for which said appro- 
priation may be made. A reservoir constructed for the purpose 


of holding water back and raising it in order that it may be ap- 


plied to lands of a higher level or given a greater head for power, 
shall not be considered a storage reservoir, but such reservoir 
together ‘with the diverting or impounding dam, must be de- 
seribed in an application for flowing water when water is to be 
raised, in order to perfect the appropriation. 


Sec. 18. Neglecting and preventing delivery.—Any superin- 
tendent or other person having charge of a ditch or canal used 
for irrigation purposes, who shall neglect or refuse to deliver 
water as in this article provided, or any person or persons who 
shall prevent or interfere with the proper delivery of water to 
the person or persons having the right thereto, shall be guilty 


of a misdemeanor and upon conviction thereof shall be fined in — 


any sum not more than one hundred dollars for each and every 
such offense, or shall be imprisoned in the county jail not more 
than thirty days. 


See. 19. Ditches—highways—duties of owners.—Any per- 
son, constructing any ditch, lateral or canal upon or across any 
highway shall keep such highway open for safe and convenient 
travel and shall, as soon as practicable after such ditch, lateral 
or canal is constructed across such highway, and without inter- 
fering with the travel on said highway, erect across said lateral, 
ditch or canal, when the same is constructed to carry more than 
twelve cubic feet of water per second, a suitable wagon bridge 
not less than sixteen feet in width in good material, and construct 
suitable approaches thereto with a grade not exceeding three 
per cent; and all laterals and ditches carrying not more than 


twelve cubic feet of water per second shall be covered or tiled — 


with cement, concrete or other watertight material for a distance 
of twelve feet on each side of the center line of such highway, 
and the ends thereof protected in such manner as to prevent the 
water overflowing therefrom onto the highway, and the top of 
such crossings when completed, including the necessary dirt there- 
on, shall in no case be above the natural or established grade of 
such highway; Provided, however, that where in the judgment 


—423—- 


of the county board, it is inexpedient, because of. local conditions 
to require the bridges of the laterals to conform strictly to the 
specifications herein mentioned, said board is authorized to alter 
said specifications in such manner as in their judgment such 
local conditions warrant. All bridges and crossings herein pro- 
vided for shall be approved by the road overseer and from his 
judgment or order in any such ease, any taxpayer may appeal 
to the county board. All that shall be required in such an appeal 
will be a written statement of the location and conditions exist- 
ing, and on receipt thereof it shall be the duty of the county 
board to immediately examine such bridge or crossing, and if 
the same shall be found unsafe or defective, they shall notify 
the owner of such lateral, ditch or canal to remedy such defects 
and also to pay the cost of making such examination, and in de- 
fault of so doing within a reasonable time, such lateral, ditch or 
canal shall be deemed an obstruction in the public highway and 
may be forthwith removed by the county board or the road over- 
seer, and damages collected as in other cases for the obstruction 
of public highways. 


Sec. 20. Embankments—return of unused water.—The own- 
er or owners of any irrigation ditch or canal shall carefully main- 
tain the embankments thereof so as to prevent waste therefrom, 
and shall return the unused water from such ditch or canal with 
as little waste thereof as possible to the stream from which such 
water was taken, or to the Missouri River. : 


Sec. 21. Overflow on roads.—No owner of any water power, 
or irrigation ditch, canal or lateral shall so construct, maintain 
or operate the same as to permit any water to escape therefrom 
upon any public road or highway. No person in the application 
of water in the irrigation of lands shall permit the same to escape 
from said lands and to flow upon any public road or highway. 
Any person violating any of the provisions of this section shall 
be deemed guilty of a misdemeanor, and, on conviction thereof, 
be fined in the sum of ten ($10.00) dollars for each offense so 
committed. Each day water is permitted to flow or escape upon 
any public road or highway in violation of the foregoing pro- 
hibitions shall be deemed a separate and distinct offense. The 
overseer of highways in which a violation occurs shall make com- 


—424— 


plaint therefor, but no other person shall be precluded from 
making complaint. 


Sec. 22. Exemption from taxation.—All ditches, canals, 
laterals or other works used. for irrigation purposes shall be 
exempt from all taxation, whether state, county or municipal. 


Sec. 23. Contract for use of water—record.—Whenever any 
person qgwning any irrigation ditch or canal, shall convey by 
deed or contract the right to use the water from such ditch or 
canal for any tract of land for irrigation purposes, such deed or 
contract shall be recorded in the county where such land is situ- 


ated, in the same manner and under the same conditions as deeds 


for real estate. Such deed or contract, from the date of the re- 
eording thereof, shall be binding upon the grantor, his, their or 
its successors or assigns, and all persons claiming any interest in 
such ditch or canal. No foreclosure or other proceedings to sub- 
ject the property of the owner of such ditch or canal to the satis- 


faction of any lien or claim, shall in any manner impair the right 


of such grantee, his heirs, administrators or assigns, to the use 
of the water from such ditch or canal in the quantity and manner 
provided in his deed or contract. 


Sec. 24. Mutual irrigation companies.—Any corporation or 
association organized under the laws of the state for the purpose 
of constructing and operating canals reservoirs and other works 
for irrigation purposes, and deriving no revenue from their opera- 
tion shall be termed a mutual irrigation company, and any by- 
laws adopted by such company prior to, or after the passage of 
this article, not in conflict herewith, shall be deemed lawful and 
so recognized by the courts of this state: Provided, such by-laws 
do not impair the rights of one shareholder over another. 


Sec. 25. Debts, bonds and mortgages of corporation.—Any 
corporation or association organized under the law of this state 
for the purpose of constructing any operating canals, reservoirs 
and other works for irrigation and water power purposes, shall 
have power to borrow money, to issue bonds and to mortgage 


their property and franchises in the, same manner as ratkroad: | 


corporations. 


Sec. 26. Corporations — assessments — enforcement.— Any 
corporation or association organized under the laws of this state 


: 
* 

“a 
bt 

* 
i 


—425- 


for the purpose of constructing or operating canals, reservoirs 
or other works for irrigation purposes may, through its board 
of directors or trustees assess the shares, stock or interest of the 
stock holders thereof for the purpose of obtaining funds to de- 
fray the necessary running expenses. Any assessments levied 
under the provisions of this section shall become and be a lien 
upon the stock or interest so assessed. Such assessments shall, 
if not paid, become delinquent at the expiration of sixty days, 
and the stock or interest may be sold at public sale to satisfy 
said lien. Notice of sueh sale shall be published for four con- 
secutive weeks prior thereto, in some newspaper published and 
of general circulation in the county where the office of the com- 
pany is located. Upon the date mentioned in the advertisement, 
or upon the date to which the sale may have been adjourned, 
the said stock, or interest, or.so much thereof as may be neces- 
sary to satisfy said lien and costs, shall be sold to the highest 
bidder for cash. 


Sec. 27. State railway commission fix rates for water— 
Irrigation works constructed under the laws of this state are 
hereby declared to be common earriers. The owner or operator 
of any works for the storage, carriage or diversion of water, 
except irrigation districts, shall deliver all water legally appro- 
priated to the parties entitled thereto, at a reasonable rate, to 
be fixed by the state railway commission. 


Sec. 28. United States furnish individuals stored water.— 
The United States of America is hereby authorized, in conform- 
ity to the laws of the State of Nebraska, to appropriate, develop 
and store any unappropriated, flood or unused waters, in connec- 
‘tion with any project constructed by the United States pursuant 
“to the provisions of an Act of Congress approved June 17, 1902, 
being an Act providing for the reclamation of arid lands (32 Stat. 
L. 388), and all acts amendatory thereof and supplemental there- 
to. When the officers of the United States Reclamation Service 
shall determine that any water so developed, or stored is in 
excess of the needs of the project as then completed, or is flood 
or unused water, the United States may contract to rent or sell 
such developed, stored, flood or unused water, under the terms 
and conditions imposed by Act of Congress and the rules and 
regulations of the United States, to any person who may have 


—426— 


theretofore been granted a permit to appropriate a portion of we 
the normal flow of any stream, if ‘the water belonging to such | 


person, shall during some portion of the year, be found insuffi- 


cient for the needs of the land to which it is appurtenant. The © 


United States and every person, entering into a contract as here- 


in provided shall have the right to conduct such water into and 


along any of the natural streams of the state, but not so as to 
raise the waters thereof above ordinary high water mark, and 
may take out the same again at any point desired, without re- 
gard to the prior rights of others to water from the same stream ; 
but due allowance shall be made for evaporation and seepage, 
the amount of such allowance to be determined by the depart- 
ment of public works. The department shall supervise and en- 
force the distribution of such water so delivered with like author- 
ity and under the same provisions as in the case of general ap- 


propriators. <A certified copy of all such contracts for the sale — 


or rental of water by the United States as herein provided shall 
mmediately upon their execution be furnished to the depart- 


ment; and the water superintendent and water commissioner of © 


the district shall be notified of the time when such water shall a. 


be delivered. 


Sec. 29. Irrigation stock subscription books.—The county 
clerk is hereby authorized to accept from water users’ associa- 


tions, organized in conformity with the requirements of the 
United States under the reclamation act, books containing printed 


copies of their articles of incorporation and forms of subserip- . 


tion to stock, and to use such books for recording the stock sub- 


scriptions of such associations, and the charges for the recording — 


thereof shall be made on the basis of the number of words actual-_ Bi 


ly written therein. 
ARTICLE V. 
NATURAL LAKES. 


Section 1. Drainage of natural lake—No person shall drain, 
lower or in any manner reduce or divert, the water supply of 


any natural or perennial lake, if the area exceeds twenty acres 


at low water stage, or if the lake is of such depth and character 


as to have more economic importance for fish culture, hunting 


427 


or other purpose, than the bed of said lake would have for agri- 
cultural purposes. Any person, intending to drain, lower, divert 
or in any way reduce the waters or water supply of any natural 
or perennial lake, shall, before commencing the construction of 
any such works for drainage or diversion, make application to 
the department of public works for a permit so to do. 


Sec. 2. Application.—On the receipt of such application, in 
form prescribed by the department, the department shall make 
a record of the receipt of such application and cause the same 
to be recorded in its office, and make a careful examination of 
the application to ascertain whether it sets forth all the facts 
necessary to enable the department to determine the nature and 
extent of the proposed works of drainage and diversion, and if 
such an examination shows the application to be in any way de- 
fective, it shall return the same to the applicant for correction. 


Sec. 3. Same—approval—when.—If the proposed works of 
drainage or diversion will not result in injury or damage to any 
person, and will not be otherwise detrimental to the public wel- 
fare, but will result in economic benefit to the state, the depart- 
ment shall approve the same by endorsement thereon and shall 
make a record of such endorsement thereon in some proper man- 
ner in its office, the return the same so indorsed to the applicant, 
who shall on receipt thereof, be authorized to proceed with the 
work and to take such measures as may be necessary to its com- 
pletion. 7 


Sec. 4. Same—rejected when.—lIf it appears to the depart- 
ment that the proposed works of drainage or diversion will result 
in injury or damage to any person, or will be detrimental to the 
public welfare and not result in economic benefit to the state, 
the department, shall refuse to approve the application, and the 
party making such application shall not prosecute such work so 
long as such refusal shall continue in force. 


Sec. 5. Appeal from rejection of application.—An applicant, 
feeling himself aggrieved by the endorsement made upon his 
application, may take an appeal therefrom to the district court 
of the county in which the proposed works may be situated. Such 
appeal shall be perfected when the applicant shall have filed in 
the office of the clerk of the district court a copy of the order 


—428-— 


appealed from, certified by the department of public works as 
a true copy, together with a petition to such court, setting forth 
applicant’s reason, for such an appeal. Such appeal shall be 


heard and determined upon proofs by the applicant and the de- . 


partment. 


Sec. 6. Land affected all owned by applicant—effect.—In ~ 
the event that the ownership of all the land used for drainage © 


construction and of all the land forming the shoreline and the 
bed of said lake or lakes is vested in the person performing said 
works of drainage or diversion, the provisions of this article do 
not apply. 

Sec. 7. Violation—penalty—Any person violating the pro- 
visions of this article shall be deemed guilty of a misdemeanor, 
and upon conviction thereof shall be fined for each offense in any 


sum not exceeding two hundred ($200.00) dollars or imprisoned 


in the county jail not to exceed six months, or both. 


TITLE VIII. 
GENERAL PROVISIONS. 
ARTICLE TI. 
LICENSES. 


Section 1. Affect of law on licenses in force at time of pass- 


age.—All licenses duly issued at the time of the taking effect of 


this act shall be and continue in full force and effect, subject to 
the provision (provisions) hereof. 


ARTICLE II. 
PENAL CLAUSE. 


Section 1. Penalty.—Any person, who shall violate any of 


the provisions of the code of laws included in this act, unless — 


specifically otherwise provided in the act, shall be deemed guilty 
of a misdemeanor and upon conviction thereof shall be fined in 
any sum not exceeding ten thousand ($10,000) dollars. 


—429— 


ARTICLE IT. 
~ CONSTITUTIONATLITY. 


Section 1. Constitutional in part or in whole—inducement. 
—Should the courts declare any section or any part of a section, 
oa any article or any part of an article, or any title or any part 
of a title, of this act unconstitutional or unauthorized by law, 
or in conflict with any other section or part or subdivision of a 
section or in conflict with any article or title of this act, then 
such decision shall affect only the section or part or subdivision 
of a section or article or title of this act so declared to be un- 
constitutional and shall not affect any other section or any other 
part or sub-division of a section or artiele or title of this act. 
It is further expressly provided that each section and each part 
or sub-division of a section herein and each article and each title 
so far as an inducement for the passage of this act is concerned 
is independent of every other section and every other part or sub- 
division or a section and every part of an article or title and 
not any section or any part or subdivision of a section or article 
or title is an inducement for the enactment of any other section 
or part or subdivision of a section or article or title of this act. 


ARTICLE IV. 
CONSTRUCTION. 


Section 1. Duties not specifically imposed to devolve on 
governor.—Any duties heretofore imposed by any of the pro- 
visions of the statutes, by this act repealed, which have not, by 
this act, been specifically imposed upon any of the departments 
ereated by this act, shall be devolved upon the governor and the 
discharge of such duties may be delegated by him to any of the 
secretaries of departments created by this act. 


Sec. 2. All reports to be made to governor unless otherwise 
directed.— Whatever reports are by the statutes of Nebraska di- 
rected to be made to any of the boards, commissions, deputies 
or assistants where such boards, commissions, deputies or assist- 
ants are by this act terminated by repeal or amendment of the 
statutory provisions creating the same, such reports shall be 
made to the governor, and any action directed to be made upon 


—430-— 


such reports may by the governor be delegated to any df the 9 


secretaries of departments created by this act. 


Sec. 3. Meaning of person—gender—respondeat superior. 
—Wherever used in this act, the word person shall inelude 
natural persons, artificial persons, such as corporations, co-part- — 
nerships, associations and all aggregate organizations of what- 
soever character. All words used herein implying the masculine 
vender may apply to and include the feminine or neuter gender 
and all words importing the plural number may be applied to 
and mean a single person, firm or thing or vice versa; all words 
importing the singular number may be applied to mean plural 
number. For the purposes of this act, the act, omission or fail- 
ure of any officer, agent or any other person acting for, or em- 
ployed by any corporation, company, society, association within 
the scope of his employment or his office shall be deemed to be 
an act of omission or failure of such corporation, company, society 
or association as well as that of the person. 


ARTICLE V. 
MEANING OF “‘DEPARTMENTS.’’ 


Section 1. Executive authority conferred on ‘‘depert- 
_ments’’ belongs to governor.—Wherever by this act, any execu- 
tive authority is vested in, or any duty imposed upon a 
department, the word ‘‘department’’ or the words ‘‘department 
of finance,’’ ‘‘department of agriculture,’’ ‘‘department of. 
labor,’’ ‘‘department of trade and commerce,’’ ‘‘deparitment of 
public welfare’’ or ‘‘department of public works,’’ shall be con- 
strued to mean the Governor of the State. 


ARTICLE VL. 
SAVING CLAUSE. 


This act shall in no manner affect pending actions, either 
civil or criminal, founded on or growing out of any statute here- 
by repealed; this act shall in no manner affect rights or causes 
of action, either civil or criminal, not in suit, that may have al- 
ready accrued or grown out of any statute hereby repealed. 


Asi 


ARTICLE VII. 
REPEALS. 


Section 1. Repeal.—That each and every of the follow- 
ing acts, laws and sections, and all acts and parts of acts in con- 
flict herewith are hereby repealed, to-wit: Pie 


Chapter 215, Laws of 1917; Sections 144, 146, 148, 149 and 
151 of the Revised Statutes for 1913; Sections 145, 150, 152, 153, 
and 154 of the Revised Statutes for 1913 as amended by Chapter 
10 of the Laws of 1915; Section 147 of the Revised Statutes for 
‘1913 as amended by Chapter 2 of the Laws of 1917; Chapter 
169 of the Laws of 1915; Sections 2653, 2655 to 2667 inclusive, 
2669 to 2675 inclusive, 2680 to 2709 inclusive, of the Revised 
Statutes for 1913; Sections 2654, 2668, 2676, 2677, 2678, and 2679 
of the Revised Statutes for 1913 as amended by the Laws of 
1917; Chapters 159, 160 and 161 of the Laws of 1917; Sections 
3901 to 3563 inclusive, 3565 to 3641 inclusive, of the Revised 
Statutes for 1913; Section 3564 of the Revised Statutes for 1913 
as amended by the Laws of 1915; Sections 31387 to 3154 inelu- 
sive, 6156, 3157, 3158, 3159, 3161 to 3174 inclusive, 3176, 3177, 
3179, 3180, 3182 to 3192 inclusive, 3194 to 3214 inclusive, 3216 
to 3275 inclusive, 3277 to 3297 inclusive, 3299 to 3345 inclusive, 
of the Revised Statutes for 1913; Sections 3155, 3160, 3175, 3175, 
3181, 3193, 3215, 3276 and 3298 of the Revised Statutes for 1913 
as amended by the Laws of 1917; Chapters 79, 188 and 189 
of the Laws of 1917; Sections 280 to 302 inclusive, 304 to 331 
inclusive, Sections 333 to 356 inclusive, of the Revised Statutes 
for 1913; Section 303 of the Revised Statutes for 1913 as amended 
by the Laws of 1917; Chapter 165 of the Laws of 1917; Sections 
738 to 742 inclusive, 744 to 752 inclusive, of the Revised Statutes 
for 1913; Section 743 of the Revised Statutes for 1913 as amended 
by the Laws of 1917; Sections 486, 487, 489, 490, 492, 494 to 
516 inclusive, of the Revised Statutes for 19138; Section 491 of 
the Revised Statutes for 1913 as amended by the Laws of 1915; 
Sections 485, 488 and 493 of the Revised Statutes for 1913 as 
amended by Laws of 1917; Chapter 179 of the Laws of 1917; 
Sections 2500 to 2515 inclusive, of the Revised Statutes for 1913; 
Sections 5917, 5918, 5920 to 5926 inclusive, of the Revised Statutes 
for 1913 as amended by the Laws of 1917; Section 5919 of the 


—432- 


Revised Statutes for 1913 as amended by the Laws of 1917; Sec- — 


tions 2526, 2529 to 2531 inclusive, 2534 to 2541 inclusive, 2548, 


2544, 2545, 2547, 2548, 2551, 2552, 2553, 2554, 2556 to 2569 in- 


clusive, of the Revised Statutes for 1913; Sections 2532, 2542, 
2549, 2550 of the Revised Statutes for 1913 as amended by the 
Laws of 1915; Sections 2527, 2528, 2533, 2546 and 2525, Revised 
Statutes of 1913, as amended by the Laws of 1917; Sections 
2570 to 2620 inclusive, Revised Statutes for 1913; Sections 2759 
to 2766 inclusive, Revised Statutes for 1913; Chapter 158 of the 
Laws of 1917; Chapters 192 and 193 of the Laws of 1915; Sec- 


tions 3094 to 3109 inclusive, 3111 to 3115 inclusive, 3117 to 3134, 


inclusive, of the Revised Statutes for 1913; Sections 3110 and 


116 of the Revised Statutes for 1913 as amended by the Laws 


of 1917; Sections 7514 to 7523 inclusive, 7525 to 7530 inclusive, 
7532, 7534 to 7546 inclusive, 7548 to 7557 inclusive, of the Re- 
vised Statutes for 1913; Sections 7531 to 7547 of the Revised 
Statutes for 1913 as amended by the Laws of 1915; Sections 7524 
and 7533 of the Revised Statutes for 1913 as amended by the 
Laws of 1917; Chapter 285 of the Laws of 1917; Sections 2737. 
to 2744 inclusive, 2717 to 2720 inclusive, 2722 to 2727 inclusive, 
of the Revised Statutes for 1913; Section 2721 of the Revised 
Statutes for 19138 as amended by the Laws of 1917; Sections 
2728 to 2736 inclusive, of the Revised Statutes for 1913; Sections 


2745 to 2749 inclusive, 2751 to 2757 inclusive, of the Revised 


Statutes for 1913; Section 2750 of the Revised Statutes for 1913 
as amended by the Laws of 1917; Sections 2758 to 2770 inclusive, 
and 2788 to 2794 inclusive, of the Revised Statutes of 1913; 
Chapter 197 of the Laws of 1915; Sections 2798 to 2801 inclusive, 
2805, 2808, 2811 to 2814 inclusive, 2816, 2817 and 2820, of the 
Revised Statutes for 1913; Sections 2795, 2796, 2797, 2802, 2803, 
2804, 2807, 2810, 2815 and 2818, of the Revised Statutes for 1913 
as amended by the Laws of 1915; Sections 2829 and 2833, of the 
Revised Statutes for 1913; Sections 2830, 2831, 2832, 2834, 2835, 
2836 and 2837 of the Revised Statutes for 1913 as amended by 
the Laws of 1915; Sections 2821 to 2828 inclusive, of the Re- 
vised Statutes for 1913; Chapter 198 of the Laws of 1915; Sec- 
tions 2771 to 2787 inclusive, of the Revised Statutes for 1913; 
Sections 5826 to 5837 inclusive, of the Revised Statutes for 19138; 
Chapter 183 of the Laws of 1915; Sections 9152 to 9171 inclusive, 


© ay Po ae ae 
Cathy Ae eee 
oh Pe Saee 
eters 


—433— 


of the Revised Statutes for 19138; Sections 3369 to 3418 inclusive, 
3420 to 3435 inclusive, 3437 to 3454 inclusive, 3456, Statutes for 
1913; Sections 3419, 34386, 3455, of the Revised Statutes for 1913 
as amended by the Laws of 1915; Sections 1915 to 1921 inclusive, 
of the Revised Statutes for 1913; Sections 2978 to 2981 ineclu- 
sive, of the Revised Statutes for 1913; Sections 2934, 2935, 
2936, 2976, 2977 and 2982, of the Revised Statutes for 1913 as 
amended by the Laws of 1915; Chapter 54 of the Laws of 1915; 
Chapter 185 of the Laws of 1917; Sections 3043, 3048, 3049, 3059, 
3052, 30538 and 3054 of the Revised Statutes for 1913; Sections 
3044 and 3047 of the Revised Statutes for 1918 as amended by 
the Laws of 1915; Sections 3045, 3046, and 3051 of the Revised 
Statutes for 1913 as amended by the Laws of 1917; Sections 
796 to 805 inclusive and 807 to 811 inclusive, of the Revised 
Statutes for 1913; Section 806 of the Revised Statutes for 19138 
as amended by the Laws of 1917 and Section 5875 of the Statutes 
for 1913. 


Approved, April 19, 1919. 


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INDEX OF SENATE FILE No. 2 
Civil Administrative Code 


Uniformity 
: Accounting 
7 Business System ......: big RON Reporting 
PINANCE. 9... oe Purchasing 
Budget 
Taxation 
Food, Drugs, Dairy and 
Oils 
Live Stock, Health and Hog Cholera 
PaniGiulone ws 2s eee Tuberculosis 
AGRICULTURE.............., | Stallion 
Registration 
Markets and Marketing Publicity 
Agricultural ‘Statistics........ | State 
Game and Fish Development 
Banking 
TRADE AND Insurance 
COMMERCE...__._._....... Fire Commission 
Blue Sky 
Workman’s Compensation 
LABOR | Free Employment Bureau Child Labor 
Tore ee) *\ ose alee Welfare of Workers.............| Health and Safety 
Industrial Statistics Regulation 
Inspection 
Highways 
State Aid Bridges 
PUBLIC WORKS........ Automobile License 
Irrigation 
Water Power 
Drainage Contagious 
Diseases 
Health eee ee ee Communicable 


Diseases 
Sanitation 


| Physicians and 


Surgeons 
‘Osteopathy and 
Osteopathic 
PUBLIC WELFARE...... Physicians 
Chiropractic 
Examining Boards .............{ Dentists 
Nurses 
Vital Statistics Pharmacy 
Maternity Homes Optometry 
Child Welfare Embalmers 
Charities and Correction Veterinary 
Pardons and Paroles Medicine 


*The only new subdivisions created under the Code are those printed 
in italics. 


—437— 


INDEX 


EXECUTIVE DEPARTMENT— 
ARTICLE I.—General Provisions: 


PMG EL ta UY Omer e Datu On Cs. iee tee Doc Ae Cee eee ac 5) 
PRT Ce CUT Ons Lil W Siercccace eaten eee ces a2 oes cece ea pee gnc tee tentec cae ai! 
ATI POINLMIOD EE ULe DECLOUATICS. oc ace. tes eres ee cc ee 7 
PSMISC ANE ee ODO LINEN e, Salaries SCUC,- 5.0 se ace er eeeese ett cae 6 
MOMUIPOLMeCTeELAry and ASSiGtalitSs..n 2. eee lS ee ee c 
COMgC MUS Ian 2G TA CEICES DS © € oe wed eine eee Re Ace er, Seach ioe wee ote a Da eon eI oor 8 
OTING Ue eMC RCA HT ST Sona GCCW A VO) 0 ieee coer ee RC ae RDF ine Me, Uday a een 5 
Co-ordination Banions “GEPArtMents. 22s cececte eae ence keene deuxencewns 9 
POLOWO ET RRES Gila, 722) G8 S22 AD co. eee a ae on a ee a ee ne Aes Ee 5 
eet tue mpenA TING Ges. on. ce Ae Oo  ceonewes 5 
Bard ay reg ane Ss 8 le ec Sh es hg henada was tiwcaunsendgiddgatans 8 
IA CY erate mn UNE MN MER Poo eee one Uae a cn sndescosaatne acedncdecocnsenvducccdoswsates 8 
EOI ie Cn Eo cos Coe os oo caso ead acantiasexccecacvccslecglenyantnecenea 11 
Ret ema Re a Ue Feo bc prnlb osee Sa eveanscwesvenssarasnane nes 8 
OP Tay man te oe oo ence nck acl scs nenbn coda bancusbosaecscurutccnsetedyesdeuectan 7 
Rae OG) LM ic Na SA 2 a = ne 10 
Receipts by departments, paid to Treasurev............2.222.2.-2-2---0e----- 9 
AG YO) Gs as eM aces beh adensaandeopeccenonvabwaacesecente 10 
HUlecehoromrer mations orn ee ee § 
iia Cie SPO @Clelarics «rie ey) ol ey ee 6 
SEA OL mane iien tes see et ee ee A eee 8 
SUDDMes NO Wali relaSGG ntsc. Ss a. 2 yey ens oe eee een gS 9 
Or iieOie CCG er et ee ee ane Renee ae Coe May ate ee ce ees Sees ii 
Time to Offfice.......... MNT i eatti, Ph 9 heat cee ae sa eS ae. 7 
FINANCE DEPARTMENT— 

ARTICLE I.—General Provisions: 
CTOTICT OL EO CLS nti re. mone marie ee a Bho greet wee ee ke ee ee 12 

ARTICLE II.—State Budget: 
Budget, how HrEDAT Od har sa t= ema ee he SE eek hei kT 13 
HStiniatee Ole Cepartnenis. 2k. br Pere Ine eh Be 15 
Hecom mandation sGOVGINOnA =o... ween era en) eer ete As 14 

ARTICLE III.—Purchases and Supplies: 
COUUTACTSMIOPE RUDD lesa ties Base este oe tie sateen tencknc uaeceueteeeeee 16 
Depsrimentsspurchase supnileds 22 A 2s00 ro td ee ce eee ecco Ly 
Legislative acts published......... sedis can ae deny aa, Vat Sh eee eto 18 
WOSUSTATIVGMELL DITO men a Ae re Roe atone 17-18 


a VIO thet COU lis Cla et se emet ee gee ties Fe he ee 17 


= -438- 


Penalty for violation ‘of law... cco. -c-cto i socceec-c-nec ss ase 18 

Proof of. printed jODS........2-----2s-:c22tocccgsecegs ncertccesppaeneasaeee eee 16 

Purchases of printing and supplies..._2....:.................cleee ee 15 

Schedule Of Bids ...nic5...-.ccccccccesccpeontectenenrsneceseacennsbinnlec-c0beoe ee 16 
ARTICLE IV.—Supervisory Powers Over Taxation: 

POWECTS OVOP “TAXATION... .cccncccceccccec en occenpn-nceneeneny-ce7s=acent eek eee 19 


DEPARTMENT OF AGRICULTURE— 
ARTICLE I.—General Powers: 


Powers Hnumerated ooo... cc ncececenn cee ees sewe ecco neeen ne 22 
ARTICLE II.—Live Stock: 
Blanks fOr. LEPOTtS......----0cccnnserengsenncnprnds sencenincendocn=eeneuy sss tale 27 
Bond—condition of SAME. .-......-2.-fccecseco-coceteyeslecose see ee 26 
Diseased animals examined. .......-...-<.-----.csssu-<2 idngebanceenei=a eee 23 
DutieS ANd POWETS....-2....cnc.esccnonstecessecesecteeneceeses tie cee eee ee 23 
Foot and Mouth Gis@aseeiac....ccccocesccnccececscbceeesscrest=ceeepseee eee eer 28 
Hog cholera containers...........-2.cc-cccscssseed bodies peepee eee 26 
Hog cholera serum manufacture Or Sale.........0.-......ceccceceeeeenneeneee 25D 
INSPECTION. nu. ..cscncencccdeeoncitso~sanoneneaesee pondec--ce ee 25 
Killing diseased animals—compensatiOn........-............:.:ce--ceeeeeeeeeee 24 
Manufacture and distribution of SCrum...............2..222....---eeeeecceeeeeeee 26 
Owner: to) Kilbicenncocoo cence coccenccceconceon oncom eee eald eames eee 28 
Penalty for harboring diseased animals............22.........----ceeceeeenenes 23 
Record by persons administering Se@rumM...............22.2.2.-ccccceeeeeneeenes 27 
Reimbursement for killed. animals...:.......22.. eee 28 
Scabies cattle, shipping, quarantine _......_.............eeeeee 24 
Standard of Potency -r....0cc.oo0 nc cesecsesep teense eniselaee See 
Test -Of Serum. ..nccc. occ eel ccccescee bree 26 
Violation and: penalties.2...2..2...---.2-oc.scecedn 25-27 
ARTICLE IJIII.—Stallion Registration: 
Advertising of grade stallion 27. ccccc-gecees scree neenesee ee 35 
ANNUAL TOPOL t..2..02260c.2.ccecesel enn Soeeceveceececeecdseensadceee top oe acess uate 35 
Certificates, POP wc 2.cclcececkcceck lice cde cceg en enemte sue oulpalake ued ee 33 
Certificates, refused ....0.2..c.ccccccscencceecp-sanucoceednecannacas-neee 34 
1D>.¢:RacPast- 1A (0) 1): Ene 34 
Form of certificates...0...0002cc eee 36 
Lk sls): MOEA ie Mee 36 
Inspection of stallion... sca) 28 
License certificate.......2..0 2.0 ee ee 36 
Post. certificate... 0... ae 34 
RECOM | sa cacecicsep hl enone ceed da netg de doennd es deoaa ended ge 29 
Record. of certificate...) 35 
Sale, of stallion. :. 20-00 35 
Saving Clauses co 2 acer esceweke cele oa ecb eee ae 37 
Stallion (certificate... 1.c8 ls ek eee ee 29 


—439— 


ARTICLE IV.—Game w Fish: 
EASA ERTSE oa soln 6) ais ae NC ERS A a Mies Satis 2 a free bank ct eae ee nl ae 
PLDINIAISM DE OLOCLOG::....-c- oie eet ee gee) ee, ee ee ere ee eS UT 
PCUPIOSE GER COL DOR LID U0 ece voces ice coe ee eee eee ee: 2 
Birds and eggs protected.................... ips anes ois NC A at ee 
Biras and stiany ProOvecteds 20 ce eh a eae 
COTE TEC LOTR ONE eT CU ie os one ees ta hic Sea te aha oleracea Eat asd aoe 
SONSGCHL OL OWDCE FOL Ian, 2 ba ie te en ee 
UAT PE LO Tl PLT TLII CORO INS 2 ot once pt cess an aca ok op cence, tape oe eeepc detente 
POISSON Ole eae eS CIZ OU ee oe ly eee ee ek 
RAUB CUE Tree RCC INET DOT urate ee aed ea on ese ase veal ga cemene ee 
Duties and powers of department....................... eas aah cusewp mane sche ae 
AMTICO SRO cx lester he ce era ina epeaed ont poe paceinn unter ceseaes 
RETRO Es UT OIL EDLC Oo ect ocak oe aco ease cesta bok Ric occuarolnncaestiteeeepe tude 
Vay aly IETS ALC AWC CLS en ee ccna acbennecehicndeeecennt meas 
Prati ean DUMBO TTEIET OROL CCS oo: seg st tee ee ee ue 
Cap Rehr ely, V4) Regd oy 52 210 UMS a meee Deed Rc Seana el el neeteite Se ONDA MEE mBE tee 
PEL TAR RTT REM NC IEN OE VY 8g ene dake evans cosqaneanescetaseeaarnitstedqnnverwatee 
DUA CUA Rae rm ee Fao gs aes apn venntcnccp nn ceeepactonayiccsatarccvasciosersnt 
LNT Re aa 1,71 “ayo A ge ce dS 
Ae er a hc lawanncadsnanbacbmpacdavocectead 
BT ea eA am DN oe ood dans asl arceveccbe ewapecennenevsudasondaccocenenthe 
Oe Ue a ne en accu cacerconccomcensdectaeas 
BOAR By oy 0 i a a mn 
POS cra oh a yer) 114 0 2% 9 BS np ec le 
Material useommounting and fishing. oo... - nce. cece eceee eens enenecece 
PE ee noe cede ok neko ceannsmencensendeduvsmmeseanconmweterenies 
PCS EYED £0) tise et eS ogee hale ee caw 
Dee PNG eTa Tey SENS 7551] TON 8 oY Meee pes IA Seeds nee eb OR corneal ee 
BPE a TE Wee 8 a Ta PSE pin BER ap eh dpe eae ia AA Sip epee anaes i re RI eo EO ae STE 
PPORGCUUIOM Biro ctease eer eas eee eee a ee 
Sereen, notice and construction....28:c. 25.2 ee a 
Nek 3y go Ee ct eae ae ee eT ies SRO NAD SI Re op SOR ee UP a ben A a Re LL 
PPVAMS DOLLA LION jac ciiccascce ee ee ee ee, Mr ec: 
‘ransnortations~ DN6; 27 ae ee ee Se Be 
PEP ATIS DOLLA LIOTIN 61S DELS seyret ete eee hs tee Be) 
TI DIG WUE SOIR eee. eo eee oO Be, a ey 
OPRIAW EL RUNTINS: Of: DITds soc ee ees eee a 
Unlawful to destroy imported birds...............22..22222.22222---2----2000---00-0 
Liniawiileto-cillysatirrel as che. ae Bie at ee et a re 
When game or fish named on MeNU...u.....0.2.2.2.22.222.2e2ececeeeeeeeeeeeeeee 
VIO OIA WHLGtO “NUT CrObeT Sho) cle dats one et Dre eel eya cs 
VO TU MAW TLUIRTO- USO) DEES ce vr cobs oo wel 20 OE lage een 


ARTICLE V.—Pure Food: 
PACLASEE EY OL LACT hae ee ee Ce eR a Ne ta e k Or 


Drug and. food defined... 2 eee 
Hmploying assistants......2..222-220cc-scceteegecdensbhes egos Se ee 
Guarantee wcc-iscs..- oie  eeae 
Inspection. Of _ FOOdS.css-c2lioec-eceecbece cece seen cee eee ea 
ProS@cutiOnwed.. 2. pee eee Nurs toi) 
Unla will . Cts .ccccccccc coil eisccocisac-ase-seenstee ees etee ieee ct, tiene tap 
VAOLETION. «52.28 cccelisweecuns gitewre cds teael. oh eee mene ere ee ee (ene 


ARTICLE VI.—Dairy Industry: 
Containers PeQuired cece. celal esos eaee tere eens eee 
Definition of .terms......2.2 oie ee ee 
Fraud in testing milk or cream. 2 
Licensed testers required... 
Operation of Creameries and factories?) 1... == 
RECOPtacGleS wecenecaceccvcsendusnyaseoseluoedene one seetausaca ve aseeee eee oe ee 
Refusal and revocation of licenses... ee 
Sale of milk or cream.......2).w2 2 ee 
Sampling by inspectors..__.......2:.12 eee 
Standard for scales and test bottles22 33... 
Standard glassware for testing. 2) 3) 
Unlawful acts... icc ce ec cccle ec e 
Violation and penalty..........0.480 0 


ARTICLE VII.—Oils: 
Gasoline, benzine dnd naptha........ ee 
Iiluminating oils, standards............ 22 
Oils, marking containers, inspection... occbtneoiteth diene 
Inspection fees... i eeceeccceeceesee ene ene 
Notice reception of oOi1]8.0.<...ccccecct hee ee ee 
Unlawiul to sell uninspected oils... 2 
‘Violation, penalty .2:..c.0..s... a ee 


ARTICLE VIII.—Commission Merchants: 
Bond, Hability 2.0. eee 
Commission men, license required......2......0. eee 
Commission Merchant give bond............0...... 2 
Unlawful to do business......0.0.2 4 22S. ee 
Violation, penalty 2.22020... ee ee 


ARTICLE IX.—Cider and Vinegar: 
Adulterated Vinegar..iw..ku Lee eee 
Packages to be markeda.wu eee 
Sale of cider, adulteration 
Vinegar 
ViIOLALLON 9 cucncctstewc ecovcntonemee ces 8 ote eh PRL ON 
ARTICLE X.—Oleomargarine and Butterine: 
Imitation butter and cheese defined 
Imitations, sale and use 
Shipping substitutes 
Violation and penalty 


—441— 


ARTICLE XI.—Sanitation: 


Dakeriess, Creameries,  Gairies,) et@sccte ae ee ee ffi 
Je PURSS OU Ean gc) cl Bey aia Meee BGR iis ek Biaere earns Ens: yh Oak Rect tl 00 a eae 79 
PHSCas CUMMErSONG..-. 2.0 0e const eet ee eer eee = eee eee 79 
Hoors-andawindewsiscreened.....2).....2. fe ee ee 78 
ItEGHen aoOttusedalOr Sleep ll Sloane ee ee Pee ee 79 
Kitehen, restaurant, bakery kept. sanitary :..2.--0..6-26-- alee... 78 
DEOTe COMMPUATICG MW ALE LEUW a. 5c cee s on cork peace ade osc. lees ie ee ee ee 80 
ONC wet CG INCLET UVa errenas a9 .i mst See ate eee ae ode hae Hin eee 19 
RAUL CUT ME OO TITS Uier cate cr ee Ae bated he oe ol ee eel og Weel, Gina arent oa ae ves 
PPOULEISVOOMIS NE UCemtr nin hee na Fe oh aig ty nde as pe eat Se BN 78 
by es CLOT Do 1 LA Verena eee eee ee Ds SS cans acl Ae eee 80) 
ARTICLE XII.—Cold Storage Warehouses: 
Color storas Cawarenouse license. oi et a eee 80 
WOMmlaiMerer iiae king 6TeCcOrdinc es 6. ere ee 82 
dye SUL O LOIN Chem ec eaten oak ne 0s See ee tees Wee gee os 80 
GHC) AT CAS eR U ley Mie. ene ets ee. fen eee es ea ee ace os 82 
(SS OR GIANG NT) Sse veal, ak IS gaa a te a ey, ERs ge 82 
UPR GROUT TOT ViSTee. 8S Sgt RI ae Oe ee SY A se Oe 83 
Vb SE SHER Mee FMM PER ee ALG Hy its 4 3 ee 3 
SOL HNSLES Bayley ae o'G 240 2k Se a a ne 83 
eRe rg RCE CIS RO 5 ae ee 81 
Released food returned.................. AEC AR ORES, ORs ROI bec Rapid 3 
PSE OS) EWES eo) gi)" 0 9 an a PC a ee Oe nn 84 
Use y tema mO TOUT DIC ne ooo 2 ence nc Sena pen nnd nena neon eden 81 
ALO EMD TAN OS ea) 5) 41 12 hp GR ae OE eS ee 84 
ARTICLE XIII.—Paints: 
Hy SB AS COR GCA NEES te SR ee SE oR EAS Re Poe soem MRA fo 84 
Pree le Ol, cles eam ete L CL OU... : 2. koohcuaeeea sent oo ee ee ee 85 
Bede pRaWe a MES AN ANETG be dies). aetneanes dee NE Aerheee hae ae Sn anne EM nn 5 Ne a ety ce Re 84 
PUSceeslOme Oleic abe lede Dall (aercce sek --ccrt eee ee eee ges 86 
POUNIe TOR IE LOC LrUOl LOGO] aot cans scores nen ee cs 84 
MTOLAEEOU, 6 CTI U yr coc: cee teat ee Gi ee a re ea ee wk eee 86 
ARTICLE XIV.—Seeds: 
eS Oy VG CER Bapscernys ASE 28 Seow alia ie ems eee ara eR anes Le eee Den lt. 1 ich ren cain Men Ma 88 
HEA DELS PT COMINOUNO IL US op vect nate: aoe eee ee eee Be AFAR Ot npc 86 
MINEC LOT AOU Cera leds SCCUes --...1...ccaereascet oe teed SER eer ares 88 
PPS OC eS CO(L 2 oc ean ca entra cane ees ene ede ORE ae ER ee eas 838 
PEG PLSD Re ane aie, ROD a AVM atte be fecraten Eiht a maa a ae es oe ee een 86 
POU AICS a teres oe rare ee Tee ener) WR Tee, 7 Rak Re Ae Acne ae 90 
SCC ILALY SIG tye eee ee rele ya lacey ee! ee i OS ee 87 
et PSN URO UZ NGO 2G] POM GARR OY ay Apne eteg ten JBL Ch ae! ne Mn ker he WAAR BER 6B fee Sav ced Sik SOR eee ae 89 
Dir elige NOUR a DOIiCAD Gat rece. eter ees ee Rd ee det ca 88 
ARTICLE XV.—Commercial Feeding Stuffs: 
PEGA Vie Lt eee Ok ee er eee en APR Cre, oe tL oS ee kee cee ee 92 


GoOmMVerCias a COCOMOCTIT CC Cw rr ea ee Be ees 90 


InSPection 2... 2.2.ccccheceic seen tna cesenw cn nersenonent cugelaccsee=ad stat a 91 
Name, weight; manufacture, \ete.....2-40...- 0... 90 
Purchaser may have.analysis....2..--. oe 92 
Sample to commissioner.......2c2. ec crcecsen ie aL 
Unlawitll acts \..ci..c--ccccceccieqecdoecc-cotcnnnouesdsheereseetisciesn0sansSeaee eo 92 
Violation, penalty ....-....---.--.. ie eee eee 32 
ARTICLE XVI.—Live Stock Remedy: 
Dealer to resister cccccocc.cec ccc ncscacceeecn cence nce cere nacre eee ee 93 
Deceptive branding unlawful_)..2.. 2 ee 93 
Diluent OF D&SCSe.....-¢-.-ce-csncn-ceecegeensnnesnnclecenceassns0aa500see eee 93 
Each package to be labeled. on. 2oc. oes cei nce ecenceaneree eon eee 
Live stock remedy defined -.-..02ooo coc. coe e cece eee 92 
Violation, -pemalty ...2-:.-22..cc es ae 94 
ARTICLE XVII.—Hotels and Inns: 
Apartment house, defined_......_22 220 95 
Application blanks  -....2---c:ccc-scccieceesseceeenen see nee 96 
Bedding’ material,. vermin... 
Hotel defimed 222.022. ..ccccccencccnecuereeseee ee none eeepintseegereeeetnenene ae eaten 94 
Inspection, PrOSCCUTION. —-----2<c.2 ee eee eet ee 97 
Notice to Comply--.....2..2.-.22.- ccc cecesbintensnenee uc ehseenuieets=-0 aes eee 98 
Plumbing, lighting, ventilation si 96 
dE ih Respite eles hee om oat aS ~ cnnseansinndnpecssiercagepeant cuieab eee ns tice sca ata 97 
Registration certificate <...050.1. cleo sececsesessucbensecn seen 95 
Registration fE@S 2.c.c.2-cccclecesctcaccte eee cece eee 96 
Restaurant Gefimed  -20cc...c..cciccqpsccecsecseaccnssseoulueeeease ees aaa 95 
Rooming house defined. ..2-.-.2.ccc cocci eee 94 
Sheets, pillow slipS, etC...22202..-2----2--escsaneconsecsssdses/bee eee eee Eee 97 
TOWEIS 2. ..a2----c0--ce0secrtseveaeeeeenrdenserendenuunsveesueesnnetceee ome 97 
Violation, penalty 22.22.2020 lel asec 98 
Was LOOM wceceecececeeeenctedeecsetene eececceecueccucuee sees lt. 97 
Water Closets 20.0000 cenccecic econ cteonerdee oecbunesdesenace sees ee 96 
ARTICLE XVIII.—Weights and Measures: 
Automatic pay Scales... cc. sceennssucessyssss de 109 
Berries, small: fruity... ee Pema es 103 
Brick Se@]INg  ..2..cc.c.occcccccseccc cece eeceepep cee reeeeenee eee 108 
Bushel, subdivisions -...-.2c.c.2..cccc.---ccldeccsecoedcenns 99 
Butter packages: ....... scence etd incest teen ee 103 
Coal, coke and charcoal... 108 
Contracts, sales, construed........-.-----.---2-c.2--2css-o0020s ee 102 
Compensation, fees, disposition .......................... eee 106 
County and local standards... ecceec 0 104 
County clerk, neglect of duty.....2....000. Le 105 
County co-operation, .................2 i... ee 105 
County: Sealer oie sciceecicdtvecseteecstbeninanc ce sdaiy 104 
Department enforce La W!o..:.1..2..-.-.sc0nccecneocseeeccs-c--.02. 98 
DiSPUtess 5 cease. nec lete stn sccecqrone capeeccn ssi Sica u a tee ee 107 


UB Nomis qK olay anban Care BUS Coy teeter vee Reeat prea PL MR acc nenae ty acc. aaa Beet ee eee 103 


PRICCEEICA Le IOARUT CS i 1, lear Saar eae 1 yore nace eee eee aacucpahacces 100 
MaIcOoweipner and | MECRSULOscaxics ual we cee tke emaatih actescosasenes 103 
Mees PiOReWele iin ea...) ec ae ow teem Cee een aes obs | 107 
ELT OE sy 7h eee IR eee eet ae can EE RE RRR ro eu eee Le} ep ae a 99 
PIIMCOUIALE pOX SING TIONS ola lek siete ee al ee es 106 
MeaAsurementeO.-uav. itt Stack: eo ee en eee Poe ame 102 
NMGELTICOOWCICNLS ANG sIMeCASUTOCS 2.5. 2c os. ee ee 100 
MAIL OREAIN taDOULLGS,. CLC. cen cents oor eae Se ee ees 103 
PAM ICA ate ASOLO linn. crete cee ea Deas Mee cnet ete a 106 
BICC OME LOD SUR LOR fe x.2 5 ee camsentee ne. Ret cee ees ee eat 107 
SEITEN \ meat lh caeatanl  a e S Og OUR SEE SR AT RAD RSet on CPR ah le PRE Sy Ak Bie 99 
Proving weights and measures...2..cic ee ee .. 104 
ALCO les Brae ce Gort Pee ew ee ey tee eee 107 
IGG LE Ct omen ee re oer ere rae ares tee ee 107 
SUES, Sa a NE id SS ccna ee a ante ae, Go Ta ee IRM Sd Ale A el 108 
PARC ATU VW CIE EMS IDCASTIPOS oie ek cs nceeceteendne 98 
WEIL LORPUh yo IeRRUr Ce ee ee IA Anche eA, Dae 100 
LUE pg OLE Gy ey CAL a Cc a nn a a Da ok ae a 99 
NOITCGeOR ro reesure. ee ee 100 
(UPN Tp eh ha iS. “UU TRANS ee esata ne Dae Sal SUSE a EE ae en 99 
POT EEGe DOOTD aU UU ata eo scandal coupe coca wecaceinoumeosnce senake 109 
i ee AS ee es eran dacececabemseusneiondepes 107 
Oe a US Serer Oana Til DUSTG) 121 2he cag Sec cal eengeckcndetnsctendebenteenecs 100 
ARTICLE XIX.—Commercial Fertilizer: 
ah pays a CT cl oot EE a ka poe re A Pa NES oe ee 111 
SIS e COCR eR ea oh cc carseat cae owen ues wa sued side sedcecd cence teeswneccon 109 
IP CONSE EUS CATE) PRIORY BIEL ae a teisec one cg he ccd ae cian pr setae nc oansencusivgatecesies aoe L EO 
Samples furnished, license, fee...............2...22.222..-------20cceseeneeeeeeeeeeeenee 110 
NP EOLERLEIOIN, PUCIECQILY © cote, eater ie seen as eee dee ae eae Seth 111 
ARTICLE XX.—Tubercular Live Stock: 
Acceptance. of federal appropriation2.. 23 i Tie 
CAIRO ISE ye Ole AIL OLS 0 ce ie nee ee et eee ee eS a: 113 
Bowne tuherculogis fund ye eee ee een Cae 111 
Deparment. Lopmakes ruled goon eee tk ed 112 
Pxamination at. owner's request 225 4 ooo ee ee 112 
Tea Satan ag eee CCE N AE: hha fee deem Gear ne ie Regt Ile ible PEREMEERR  ie/neet pub Minipod RI ‘ovaries Sale 113 
PATI EIT LEC CLEU BLOCK 2 cette caterers reset aeeeSee rk estas Anon 112 
PECRTINS UCALCLE SID DEC tata sins cetinee tanta td ote eRe aed nage came ties 112 
ARTICLE XXI.—Publicity: 
PESEOUINA LION sf UETISIG Cl teen era eed FE sa pes onde endosirne 114 


DEPARTMENT OF LABOR— 


ARTICLE I.—General Powers: 
TN CEN ee YTS BD CTT A 2 note iia AE sc, ple camel PER ba a ahs Re mesae drs toy -114 


—444— 


ARTICLE II.—Employment Regulations: 


Duty. of employers supply seats...........)20 20 115 
Free employment bureau... che oteeee steers ne 115 
Governor to enforce TA W-eziso.nnseeeec cet rnetot denen ocoeea nse 115 
Hours of employment of females............. avapne toe’ ivesancndutin eee 116 
Hours required posted up.............---...:...-.-:0-+ anchuswadeltekecale een 116 
Labels, record, certificate......0120-3 2 2. ALT 
Labor Union trade, marks 2c... cen 116 
Laborer’s service letter ........<c..1.cc.2e2eiesctekdees tes -so-e cee tig 
PON AICS ac occoctcnssccenesthennceanenedanancdaatsancgsastecdlmeeees lee eee 116 
Protection, injunction, 2.0022. -22222 ee 117 
UMAauthoOriZed USEC. crore seccccnnctivacusasmenssln-coust -adduseecdunenceug oi: setae Ley 
Violation and penalty... ........2..-5 22 eceeeee 118 
ARTICLE III.—Child Labor: 
Certificate ADPTOVEd  2.-.---n--c.csccc-ceetreneeeee tens ee= ocean eet ee 120 
Child not in place of dangeér....... 2202 1% 
Child under 14 not to work...20..27 ee 118 
+ Employment certificate 20.22 ee eeceee ee 119 
Employment certificate isswed -0.c2 cys eee ee ere 120 
Form of ceértificate.:.2...2.2.2...2.c21./ oo eee 123 
Limit; of working hours... i 125 
POMC ole ciceeSennreapn i atante etl otee salsa sceee ete ae 125 
School attendance required 1..2..2:-2iceeeeecsnsensseeeeneeneene ee ee 122 
School officers duplicate -...22..2 022g eee 122 
School record: furnished .2..-..-.!..--4i cece ee 
Statement in certificate ..............2..2iccccceessesecees cuenen eeeee en 121 
Unlawful employment. ........0..22.22.¢,-ce0cnsce=s-nkeud ase 126 
ARTICLE IV.—Health and Safety Regulations: 
Accidents reported -....222.5..2.25.0 chee ceens eens eae 131 
Action for damazes..2.::..242.2 ie ee ee Lod 
Arched floors. 2:.2......-.--..in.22 3 ee 134 
Architects and draftsmen comply... eee 135 
ASSUMption Of TiSk ccc cocoon none eo 131-136 
Beltins* fearing, protected’... Seg. eee wialaticcdel cose 129 
Clean Of, LUMES..x....---...cscnsenccqsenceniecl ek Ee 128 
Defective wheels or grindstones.........0.0002. eee 129 
Dr@SSIDS TOOWMIS: oie cnacmrnsiedounsesaancsnasnuedaeenceonsegae seule ee: en 127 
Elevating machines, e@tO....-.2.2.2...021.0.c65elcc1 slot ee 134 
Fire. escapes. and. protection..............20/.4.h ples 
Floor capacity, eonstruction.:...021c. 2. 132 
Hoods for grinding wheels..ic.c.0...22..4:iciadereesee- nn 129 
Placard stating floor capacity...2..00..J0. ee 132 
Protection against. electricity..........2 0-22-22. 24)s.-ce 130 
Protection trom Gust.....c2ne.ne. ee ee 128 
Protection. of: boilers.c2i.2.c.eo ee ee ee ee 130 
PUL BU io snk sates shedehaaee pate ssovcdacdeaau Reoseodding tee eee 128 


—445— 


at Orns CCOSS=— WALE (CLOSCUS 6 tees cha ce kenge oe Mer ae tue tas ea eecetecies 127 
Peale Mea Da lCes MAP DE OV OC oie see ract sce orenecetler et Miramta bes yaanceieesetecs 130 
NIA LOULVOCVICESE TOLD CLEV ALOT See ere cocoa eoacens is 
Soret yesComolginey OF -SlLAZING (oe. et Oe ee ee ooo 
PEC OLUS ISU UCL Se GALCLV ETE ie ree ecco ee ee eee re tte stead 131 
Seaolnines aOGers; UNSA LG. ese ee eee ee eed 132 
Screens sa VOuce DIACO INGLY cies cee ee Oy in es es 130 
PES eLETIMEOEM One Tec, uso tee ae heh cet ko eee Wy cE 135 
SUES TOL Gs US OLE bee ee Matalin tect th Sy oy) eet eee e Oe res meres Pane ae are 129 
IOLA tL OME CDALUV: Meee os ee te ee eee oie Serre oneal 131-1385 
WE OOU CULES © LOOLS:. DEOLECELO Vie. cranes tic ele gtsas nee et ee 130 
ARTICLE V.—Employment Agencies: 
BOG) secs see ee sai se SOG Wiley ey eet ee ee ee 137 
DOUGH SPRCDTEIOMeEIDS DCCUION 0 toe etek oaeee that Loe 
PAE LORPOLS LOCS MDE DALY eos reo etree ace oe bedat tees sc tee as 140 
Panplovmenteasonts denned +22. 2 ee 143 
BGIEN 1G VAIL OTL U MC NEC Cle et ase hoods csi aoe ckc bee ee ee 141 
Pees whensuearineed ees 5 8 bo As 149 
iiGoestionwommamum cancellation... <2.2ccceei ce ees ceee ce eel Nee 137 
LESe ey RU e eg org OLE yO ST BE WAY a Lee Or Ca tat 
FEECOID UR 1 OPE OTT ON) US ioc Sg siesnncec cea ce ctecclandect loctcceccaventecenececeaceen 138 
Oe een ik te Pen ape en ee Ne ie nee censeuclntndassmnees 138 
SUES TROP IS COL |. 0 ys) nO ee oe Pe 136 
SU ay eWeek Von es ch San Senna cdecceed-nlyanoanenceacseetdoenases 140 
AT PR CHES OS) ON 8S oe Bee 141 


DEPARTMENT OF TRADE AND COMMERCE— 
ARTICLE I.—General Powers: 


Boe Bagi elit ae ODOT AUC DON Cl Sp crar es cnec secret ot ken eede nee eee ee ae chee 141 
ARTICLE II.—Insurance: 
ABUTS NCS ACO LIIOU: tes, cuter nce tence uc oe banaes uate begs cuaiec soa t oe matteeeeb ate eco a 52 
PECTS ECLOTITVC octet ac ste teen cceas ee. ela ee ee eee ELE ne 142 
ARTICLE III.—Powers: 
ania statements DIANKS 5.2 edn teae cee oe. eee nc nd eee 151 
PR USITES OUD IA COU Aird eee a ess eee aes eee eee eat eee 15% 
MROLINOULOT Pe COMTD AICS ogee tees ose nee tee ee eg eae ee 148 
PORISLIB ES COMPA ICG 1. ccccec hess ea eea eee ees ee ee eat eee eee 159 
Peer eLOL 7 OR GIN e CLOT eC reste eee ete Ree noc 155 
MOLES Te COM OAD Vit ALLOVILC Yor ee cee as VSN 
EWIDAITINGIE a TULA] * COM Dal yy ce eee ene ee, he beg dey ve 147 
PIM DalEmient, Novices sFCQuisltlOM gages te ce eet eccrine tit ge meeps 146 
Incrense, orm decrease of capital. «0 sie ee 15 
TICE LISOMLC YOK OC erates ae tas Ween Ee ee, el eb ee 154 
MavaTevoke :COnluincate cee ie ce n. E le eee 150 
OTiCere= Ole COMPANY eye es ee eh 3h ee 159 


HLECIDETOCALPIICCTISCS a LOX ORI oe arent eee tee wee Oo ack aassncedes Sencar eeeen see 155 


Records of department... -ccce occ epee 152 
Report, contents, Printing... ence enna bmg 152 
Specific » powers 22c5. sees sealer cee tee a oe eee 145 
Unauthorized: companies, €tG@..2....2... 20222. ene ees oeest nee 156 
Who agents represent..c.. 2... sce hie sceccesee ope seen oo 153 


ARTICLE IV.—General Provisions: 


Advertisements of capital, ete... 2220222 168 
Agents, admitted. companies....222262..0 2. ee 168 
Agents application for license.................. nies cnotine deal fees secceaes ee 169 
Agents defined | nc-n2.5-.-02. 2-0. .2--cccocecbdeeeneeesncse eee ean ee ee 161 
Agents report consideration._....... 2 Soe ee 172 
Annual Meeting o.c.22......ccccoscn-ne~scenpendaceeee eee 171 
Annual statement. ~......2-.-..-21----sseencsdnodgeteneceesaeateeld soa eee 16d 
Application ‘of Ja W..2...--.-2102c.c..-cc-cssee pe 159 
Attorney's fe ...2.-2.-.csicccsoecsntea> cde ee een Re te 173 
Business authorized ......00-...2...-0:. ee ae 167 
Cancellation of policy.............2....2..25 ee 173 
Capital and assets required ........2.cc eee oe ee 162 
Certificates of authority... eer a 2 oes? 160 
Combination agreements. ............-... ee 167 
Dividends paid from earnings... le eee 168 
Domestic Co’s.—real estate -....sccccccscece eee eeeec cent cee 163 
Domestic Co’s.—securities * ___....-...:. Se 164 
False statement in application.......0 2.0322 170 
Identity of names.........0..:04...-./0s- 173 
False statement aS to ASSES .o..cicccececccteeecseeen-csenceeee eee 168 
Insurance action™....20: = 3 eee ee 173 
Insurance applied -.......22.c2.2eccl cee 171 
INSUPANCE COMPANIES .ococcccscnccecccccncceceneenucdsiceedeatasl- gece eee 162 
Insurance effected ....2.2 ie eee 172 
Insurance intended 2....2 22. cckccecctccecce teeceeneseseece ene 172 
Insurance placed through agents.......0...020 1.1... 168 
Insurance tO agent 4.20.00) ee ee ee 172 
LOSSES,. CEPOSIES oe... noes eke accent tee eee on 165 
Name of company on.policy.........2. eee 160 
Penalty for Violation ®..20.c2500nnccccecccendeceicceececee eee a2 
Policy fee forbidden > .2u2222. 00 ee eee 172 
Policy issued in name of party.......2.4...2 eee 160 
Policy provisions voided.2........2..01.0.. 22 = ee 167 
Policy. subject to inspection......0...0.00.. ee 
Preliminary requirements.......25.003.. eee 161 
Revocation® of license... ee, eee 170 
Salaries; oficers.c. te Ae eee A ee eee 166 
Surrender values prohibited... eee 174 
Unincorporated mutuals excepted._.0.2.223..2 eee 174 


Value. of  policyic.3 ieee Ae ee eee 173 


—447— 


WOUCKers TOL OX Pelitures: ) ee ewer ie eee ee 166 
VW Seah yeOLs VOLS ont Sree eee er eee re emenene  OAN A cot 167 
Who governed by law..............-.- er ee ee 163 
ARTICLE V.—Kinds of Insurance—Organization: 
ATIONIUMIG tecOlor al CICTOS cece ee ea oer ee a ger” 185 
RONHCARIONPOLET COULT ENN OTE Stet ore ee eee ee eee oP 181 
Atticles ote Mutual Companies. 2 ee ree ee 179 
ROACH * OT MANPOCGCOT Ciera. mera ret crt me ees et RC Catena de AE 178 
CADICA Ore S COGIC y CONN PET) Versace eres epee ae ren oe cee 179 
GISesWole lieurance aulhnorizede ane Slee eee 177 
SACOLNOLALION SOLS COM DA IMIC Sees ect ee eee ee ce eo gcc 178 
SIENA TCE SCLASSINGG oc ees ere oe Ea Cet eC eye ce eee ee 175 
BATA DLN ESADL? IN COE DOVER COTS 25 cease ee eee eee nec e ee 181 
PTC a Ore ATtiel Os... 6 )2e. — feeacce teen ee ee ete Ra ee 179 
DAS SAITO Le. TAR en! Rene hep: Ser ees Peete Soe 18) 
Piva CaS minay DOLrow Mmoney.2-. ee ee 179 
PUI Der Ole pOIecies -TOQUinred:)..0%, 50 re See se ee 180 
fabio US ya EAU gi aed A 8) poles See Pane hey A nthe oa Ue ENE Aa Ce EA, 177 
Reinsurance orrcousOlcation: 2 2 ee cncccs eae 181 
ARTICLE VI.—Reserves: 
eS ak RN ee aro ps entenace dec satenbcocee btndtactns exe 187 
UIST ga LESTE. 120 8 Ton! Cy (RR ec it A BR ee 188 
Joes cys) 0 TS 1 i aaa a Eke) AR Ae OME eee 189 
PEE PS Ee SPS EA Sa See a a i ETE 187 
Reserve--accwent une health 2... ee 188 
aie a eet COM PANICS oS 193 
When actual premium less than net premium...........0............... 194 
ARTICLE VII.—Standard Provisions: 
DEEDS ng ep cas Sx wees i pe ll el Ren lina eA A ol LE Re bee a AR. 203 
TOUICY———COTICO TLS CE LLENY Conoco owes te Setanta eh sak eeas weecue tad rien adh 
Tried CONCCIVERS (11S Oxegen cee oka er de eee soe enn eh 194 
POUCY “COMI DILIODR S—— LILO Ro ere ee ne ore eee eta nsecae 199 
Bie BEGLLE Vin OE oO LIC LOB testes ce ope eect ters ae ee meer Eee tsar asec 208 
Wyintapolley may contain me tur men Meee Ween wee en VAN ae 
ARTICLE VII.—Fire Companies: 
Auster tLOcrepOrteViOlaLlONS ae eee gee tae. eae 204 
Reta rauvee Sui DUS at ULI oer Geek fe en etc, ast ante 205 
Vl BE Seu yb dale UG) ene ony | BRU ie nai Era otcaet ASOT Pepe 1 Ren DRM st ons Bee eee 204 
ie GMI NREAICE: GO LUA LL IGS neta ee erences an ee ee ea ary cae hee ta 204 
CFPEPATN SUT AIIOG! ATLA WiLL Epc ep ate te lg eae ay ene ee pect ca edd ee onal 203 
© TEEN TRV NG UE ep NMR I 9 Pe DARE Sa ER Mee aloe rte eh TAL oath: uo nae ota ar oe more eee 204 
VBA W ee FTE CY at AVE NEN ANG {Bs SP Satie Sika Cee peor a nel AVE ot ee Gems ee Oe oe Nae vninne ED 207 
Une A) CU CPARONONS OF ha Rip tet Gat) ee Clea 22 Cot ie ame hue A ai i a Sliecae aie ioe een 205 
ARTICLE IX.—Health and Accident: 
MeCCUIIULAMONS to. eee MAAS ce ey SE Le 


Insurance without; insured consenting.....2cc..:.2 ets cec--c ee 210 


—448— 


Medical examination required. ....-...-..-2<---.-.ccss-!<-10-000s cee 210 
Policy’ binding on COMpany.....--.--..55-c2.s.500c2-pcce-cteve secs 210 
Separate department required -........2.c.-22c.-0pesendhens--a<-e --o 212 
Who shall sign policies.:.-......--2i.1 ee 210 
ARTICLE X.—Assessment Associations: 
Arbitration oie am ee 215 
Company may DOrrow-.s..-224 <5 set 214 
Conditions precedent to doing business ....__._._._.-..--222--.2ee--e-bese-noee 216 
Department COmtrO| 9. eee. ccs aoe cre 216 
Failure to ‘perform duty. o2-2 joie cteene epee 214 
Hail ASSOCIATIONS’ ....--.-2---cc-nececesstsaenescemnes sae aoe ees eee 215 
How assessments determined --..-a. cic ee ao ceee eee 213 
Notice Of LOGS 2..-..220-2:20-20ececeseus-cucessseneacnngs-0e=- epee ioe ee 214 
Physicians and sSurgeoOns......-----2.<..-ssdeseccoteetestce) er 216 
Policy f@e. 22.2205.) ee ee Ee 214 
Special requirements .....................--- aud angapee=acadetopeiecease ale 
SUItS i... n.ecbicncsececeedace cent acecn coneaate des epeetaee eee ean 214 
Time Certificates ~.2....-.-.2.--a.cessonsencoe deen seemeeeeenh ene ae ae 215 
When assessments begin...........c 222 ee 213 
Withdrawal | -21.--222c.20--2ccec. ooo 214 
ARTICLE XI.—Miscellaneous Provisions: 
AMNUILY, AMOUNE .......n.cc1-ne cae ns- cba cep 220 
A PMCAIS upon ano ancceceneet enn) casein scedeectee ees eee ee Zan 
Assessment, life associations:...-.2..32oseseeeee ee yoo AN 
Department certify rates --........-2..2i0e ee 220 
Department to fix chargeS.2.....2.204023 220) 
Bindorsement ON. PoOliCyen.n-22..cnccnnncnnecceecenesnaenene-nieeeeeeeee ee eee 216 
TEXEMPTIONS © ooo. ccue2sse ht. eee a Fahd 
Extorting great rate cic. .scc2cceccck cic eiceen cee keene 221 
FOreign COMPANieS 22-2... 22. ecseecseceeetecee ees pee 21 
F'OTM. APPLOVe 2c... 2.2--2020ccecicece sacs conceectaencnoaantbsesbde eee 217 
General Pemalty coo. cccccccccccnceceecec eee cece eee ote 
Immediate disposal of notes ........--220:0.-s ee 222 
Interstate reciprocity .c2...22./.c. eee 220 
LICENSE TOVOKC 2. .22-nce-cccccccetccecees ckewecnn ie uce cote 219 
Meaning of preceding sections..........:..0200..-4..... ee 219 
Misrepresentation and twisting........2.0.02.0...2.......... eee 218 
Persons must ‘testify... 2... 2220.22 eee 2a2 
Policy payable in installments..............0......30. ee 222 
Renatinesprouiolled Soke ae eee sowensnseceestaceseste yA Bs 
State attorneys to prosecute. ...2..-.-..----ccccccee-css---s ee 219 


ARTICLE XII.—Fraternal Insurance: 


Additional powers. _..2-.0. SS a eee 233 
P0125 11 i; epee Re Mie ae Ra ANE ES PME ee 230 
Annual, TEpOLiE 2223s ee ee 229 


Attorney for service Of ProCesS oo sc..eiciceccteeeest es ss 229 


PRYOR DICH) fs chs SR CMe reat, Ma eA te Niet en a Cee rh. vain 1s a ee Ae 226 
PFRIO TEE Sr GAL WOO 8 t.0 tens to tance eater ehete ane eee eee ee ere ee 227 
ST Sna eS Th hod M0 Ta 6 Me cheat ueuliiieaee ice ai te dae eA ld ae ep ad Zo arny Wel Bee ae ee 226 
Benenisanot liavle to: attachirent2 s-35. panera ee 228 
EEO SOL ICE OLE eect ervects incon encore eae cen Me Ge, a eee ee ee 2A oA 
COTISELU toga) BV-La WS: leG en ee 2 ee tea ee, Serres ti 233 
(SONG. DatLOR Dy ASSOCIA LO Des ioe at nee cere as 235 
POS DATUM CNS MD CLIN US gece Ree tte ecy Nem ooee eaten en eee LN oe 229 
BOOTUM HE TORS CCIE LULOS 55x. secs fete Cetence nek ecticatnieh acca weet eee 232 
PUxeusA LIOMPe ATG COI lliCAlOR. age een ee we 228 
MEET) Cote LE CITUG ECD WSR ego nescence ete etree eae ee cap eee 227 
EPrALervial sDeNeUCIAL! ASSOGIALION cc. cng e.g ee ee ee 224 
Prateriamo0enenclary. aSSOCIAUIONS ccc... seers ele ee ee raise 
PV Ocernaleensirance. Childreil:c. -. sce toe aa ee 22 
Pe Ce Meek GENT ALIO Uk. a: rere Stee ee a ee ee 231 
ECOL e SPOL UO VENTIN2 | DOG Y cedevece ne wancatterase anew age cee 230 
PNY MOTEE Ga nee A ee ome LED) Go, ee ce rn ta 2 rece sas nn cSvg eet o oes da a ae 227 
RSE aM COD 1) ORIN) tn oc ae Bie an wc ss wae ceoacbcav i weceasclunssosddiusicsceouseds Zod 
CIDE USI OOPCEE 9 117 a Mat ARR an deo ite ae 2S NG PR cee Se, 231 
HERG CEEN Widen oS gs. 5g AR ad Ried da a Os RRR ae Se aeRO Ae 235 
PS IB OC PE ree oe occa as ssnecnceee eontlontonecavandateiecccenacsodeasetceuneds 228 
Regulations-ftor payment of benefits... o.oo cece eens 225 
ape a Cee Pe UR eet ome ICL OLY ooo ooe a ots nn wsccnn nec onevedenscevalenaenedenenctcoaudaedectacen 230 
Se cet stl are |i ee eect can ES on eee ee ee 235 
PIOCIETIOS PE ROIUCEEEITOIN SUAEC ooo. occ ck toc ok fh ecgeevecacececcaatceccnesacdeesede 230 
ip QUEM GOUT! | 0 Ae AE a es Aa es eA CUR eo ee Se 231 
ARTICLE XIII.—Employers’ Liability: : 
Jet CDA SaaS a A < te 5S ke eee ee en ee EA USeOON or Aeaeere er, Zot 
‘Articles. approval, record, publications. ....cc2--ccc cate coe 236 
JERUSALEM, Fass ey SUR Reiecred er gu ee ae eRe Bet eee MR gore a 240 
BR ERP: EE OCCPEN Oc elo EAE oe SORE RRM, Nabgecmege Oy eee! Ser Pea RAEN er hy cheeses 237 
Cela SW gd Roe ots he ok BAR AE Aree ice Ne real ae Bi ee amen i Se Rs ae eee IE, 207 
MD TICLOTIG Vaiss ee a ee ema aie aia meee nts eee Peed ea Se 241 
Directors—powers and regulations. ........2....2....2-2222..cceeceeeeeeeeeeee cee 238 
EVE MCRCLGT] Cl Gg core 8 ose tree serene cadence eee nen oe PURE eon cas tee ce eee ee 240 
POSAIIITNALION ei ICONSC Mek ot eee ern ies mene eee Oe aon 
Pa SOL Od. Cit DOTIALEY cp. cecco ot tenet a gee wee Seer eae eee Pete ee i oe +3 240 
Lae EVO LIT CT Es ote eae oe eaten eget oe a ee es oe 241 
EE OLL TI Se Be a ae a cM Set he a een os on San en oy ce cceee ancar Scorn fon 240 
TRCOLDOPALIONMATUICICS oor oe ene ee ere np ae ee ae 236 
Lie RAL CAA EAL SS 0 He Onion et es S Bit aise ots reece eer ce a hs SRI RSE EIY. Aerts A 242 
EON ere ance ee cg a aoa grace wade Gan iny a buegecuueeneneenecas 238 
PEA PSN TGS ABOU TSR <p Neal eB a wa AOI ae ea RPE BA EE SM Fak Me ne ne 239 
PPOPECUISILOS sLOSISSILIN , DOI CIOS cece seca concn ete a secrete enon tees 236 


TOURER TR LO meet te fer Cee ee Censor ae ee eee cre 242 


—450- 


Statement, filing and approval................1_..... 2 eee 24() 
Subscribers liability U.S... 2 eee osc ee 239 
Withdrawals llc cee ee 241 
ARTICLE XIV.—State Hail Insurance: 
Adjuster of lOSS@8.22.2..:.2c20cecnteeecc¢ennenecenetccee sypetdp 20 seee rr 246 
AGjUSIMENT Of LOSHCS eee sc eshasanaseaccenuee-oe aaa 247 
Applications for insurance.....220 eee 245 
Assessor of - SO]ICICOM 2..2.2-22220<-2s2edceceacewcdees sendy eet eee eee 244 
Assignment or mortgage of crop........-.-.-- PR 250 
Compensation -of adjusters. an2. nen oao ties so sete cee 248 
General report of insurance... 222. -<. 2... rs ee 259 
Insurance fund—how kept....-.20-0.. 222-52. co ie) ate 249 
Losses, in excess ‘ Of “inCOMeC. 2.2. oi..c- co eierecccandapheres --cetee ee 240 
Neglect of county clerk... 22 249 
Premiums assessed and collected as taxeS.........0..222.....-.:-------0-- 246 
Report of adjustment... rc cseeeeeecpee eee 248 
Report.of. losses 2.0.0. eee onieiad 250 
AONE PPEMIUMS | 20... ccc eceeccoees goon nabeorces cep eeeeet ae aee te caees en 243 
ARTICLE XV.—Reciprocal Insurance: 
Azents may execute.......2..... eee genetic case ote 251 
Amount of insurance limited.:..:.... 222223 eee 202 
Annual statement of business...:.....222 gee ee eee 20 
BONO—DPIOCSS ......0.---5.ccceconeaco-sonsiunncecn elt Hee pevaeee na eee eatae an ees ene 252 
Certificate of authority. ...2.22:.:..c..-pieceeseeeeeee ee 254 
Declarations, filing, etc............0. 2a 251 
General laws not applicable..z_......2..0 ee 255 
License PEC ........0...ccccecescescuelealeostonacnselsussasduscesuenssnentaenine =e 254 
POM ]ties <2 5 rsa soaw seks ewes eek clea Saco deca beeen eee 254 
Reserve icici 252 
Violation, penalty -.2:<...220.00.4-2 2. 254. 
Who may execute policies....:.......0c 253 
ARTICLE XVI.—Banks: 
AMOUNT: Of LOGI oo concn. oc ek ceccce cca pecan ann ceseeobeeele uence beeen eee ee 267 
Assessment) levy, notification... eee  anee 273 
Available. fund: co... c. cece ecenee scence eben cnc snei cee ee ucncen sone 264 
Banking a quasi public business.......:........0..0...... ee de 
Bank refusing to deliver possession, procedure..................--.----- 278 
Board (Of Directors... i.c2e ceo ccccsc nce eee eeteee atone sansdcc ue nde 265 
Capital not impaired, change in capital stock..........0..000000....22--- 268 
Capitalsstock, -AMmOune [22 fo coccc occ ceceneen ss tanec_eeeet ee ee 258 
Capital stock, sale above par—wheh................-.-.--------2eeeeeeeeeeereeees 259 
Certificate and charter—fees. ou. o-oo conccco--noeeniceccaeesa-- ose 261 
Certification: of checks...) ot ee ee 270 
Charter: 01. ite. n ook eee en kd gs ie 258 
Consolidation with other banks......2..0.0000.0.00...42..... 270 


OE ET TEN B A Wg COL SIN Sa DL enc hit,, O, OPeMN AS Ot AMR eo Sele oe OA el ea 276 
Pepartmient,, LeNCTaAl™ COMUTO) eee cc fccstee aes tend conn acanatian soos 255 
RSET CUIE Sere A LITICALIO 119 Soo See ore cg ks ee Ree eee cet cy 257 
PVE Soe SII Ue ee ee eek ae eg 265 
VEEL OS BOP OCOLY Clee aeons et acca occnk waa Ceara ecco eee Season dees 278 
BAI NON TEE UTES ANS S02 Tot pops ee ADOT Din Aa sae A oe Pte de 53 Ua sama a ae 256 
Failing to report—banking without chartet.....................--..------ 262 
Malton try Orcstatement,’ penalty... ee 263 
Erect erOree NAD naALlON ct tease, eee. ee Pe ere 257 
PERE og gree A ikaeeds Be BS nian A Zor 5. yee eM P| RO ECL pp Ai sy eR 272 
Improper loan, officer personally liable.......................---.0-.----+--- 270 
Insolvent bank, post notice OM GOOP.....22..-..-c-:..---s-cecssececsnsncresnesecenes 272 
HAS CASS Sie ALS) CRABS Nero RIL Se fae ope CO hin oe eevee cape Berend 269 
TREN BEIM TIPO MO Vice CODSULUCG 2 Fi ocoscaccccsehclocedersoGten ascondtdcnshucdsiee deere sees cuee 256 
List of stockholders kept for inspection...................222...-....---------- 279 
Loans to officers and employees forbidden......................-.-...------ 267 
Minimum paid-up capital stock of savings banks...................... 259 
PN cl aC ee re ee es ee ee A cele ee ee 266 
Pa ehh ie Oat a rt ee ae 280 
Pc WmetTereemtretMItOTS LUT 8: ooo eee oe eS ac ecsenkewatenns Z1e 
Pass books, Tulessand regulations ecw io... cpecncceeseeeennnccceceeencenneone 269 
Payment of joint deposits on death of depositor........................ 281 
OT PO eR ETE TA) ACU gossip ccccaccdewtensucdcccadesccarennsaventosusesebanesantecess 277 
ERS Te on a ES ae I eo i i EO Rd 279 
Possession of bank by examining department............................ PATH 
Power of department and -receiver..........--..---22:.0:2sc---ccesseceececeeenansee 278 
es (1s tr ens Cee Th ere ee ee es ee 260 
SEM OE ti hk me gn RS NS I on cacaubausetopseceeesseedae 266 
POPS IE, SVAN VG 8 5 | So Geen et ane ny Rie Ana aE eve ES Ror Se 274 
iHeceiving deposits when insolvent... oo. --.c. nn ewctnreerdesto ee 266 
teenie see DIS DAVA DLCs 1LOAN Geeta see ut once cet rotten baenees coaboon 264 
Rem pursement.of euarantee: funds ait 
ROUT Ice Vol Qe pei ede, RR Wralihe-ppal I te Be Me OO AIG OD A A a a EE 261 
PLO DOCESCODLIIVCR LOske tata ee nee ON esha car nek eee al hoc butheavacernnns 260 
PEOTOP UM) Vee TOCOL VOL rc. ce cite et ee Pe eee aed edowmnsecenciceue 279 
LEGCO dagls Uin dS Ss Site ler Soa ee nS er Sa Rk 263 
OE CON UY ee eres fam eee re ene eee ee Nice EE ee ae neteceechestncassuedees 279 
EOCVe) COTS Ceye en Pa 69 2 TR PgR IES So ats anne ele sen ty ene a Pr ata 
Grice econ coper se DUDMCAON ALY 58 ns U et sek cee 262 
waITIC PTE COIVEl OLIN. DOD occ 2 Pee hock oo bocn vk Sesducse nc ace neck eeeatecnd ence 275 
ea eae Rh oliete COMMA ULOR 7 oo. ere ss A oe ak ee ee te 280 
AMI e mB DANKS. (VOWELS. COPOSItS. ites ilsaccuh eases atetihochadyencorereedse 269 
SEEN EES OLE RTS ties Nh BG eR Aa A El ie ARIE IP LOR ee) Ste eae USE Reon ece Wea 279 
VELCRO PIE CASS YS eS Loe aN OE Bip ee YM Reemerierepie Meee in tebe t ORDEe et OSOAIE 274 
Biiee ta eY DOU Ure toe as tn 2k ge ee ees ees 262 
State banks may become members of Federal Reserve............ 280 


BLOCKED UTCNASOwOaANscOnNs 212. tka Jel oz, Se eS a ae 264 


Stockholder’s liability -2....2.c..2.02. 22 iise esto eecn eg ree ree 268 
Time “for: filing 22-5 2.-c cece Dace ee eee eee gee 276 
Term ‘bank’ construed... eee 1oceeeeee Saeee 256 
Unlawful banking, -penalty.......2...2.2.6....0. LS 255 
ARTICLE XVII.—Installment Investment Companies: 
Accounts, how Kept 0.... coc. 5 5 satis ccweeacecnge sands an nee 285 
Agents doing business illegally, penalty.......-..........22...1.-------eecteee- 286 
Assets’ impaired, receiver... 2. Ra c.----eecetaeneoneetaceel te Re 286 
Control by departmenté....-...--5- 22. 2ioc oe oa cca n ce see 282 
Department examine application and papev....................222.-----++- 283 
Designation, — MAME once. oe lece cere Secssescewt cbaaugunedst agseeen see 281 
FOXAMINACION OF woes cccccccnc nee cpceseencasns cnn ane bcocene te Snadecceahinete- 2) eee 285 
False statement, penalty-.-...02..02 022 occceeeeee-v se 286 
Papers filed with department...._...2.. 4 282 
Statements, annual, Cl@.icc.cccc-cncsccceeceeeodeade-catees incense ete 285 
Unlawful to do other business...........-.--.-c-:c-c-cs--+-+- wi 284 
ARTICLE XVIII.—Trust Companies: 
Appointment DY COUP». .ccccccecfe ek scannen ae secure 289 
OF: % 0) 1: | ieee MEME MR ee 288 
Conveyance, CXECULION -22...-co5cccccencocess bee 290 
DIT E@CLOPS | sociciveccasonicnpacdeecaocvecddaatteclecyendt sata eee ee 287 
FEXAMINGCION | occ on2.ccccusteeccnennnscmauxoscos ined chan deeeeteeeene ee ee 291 
Maximum liability” ......-2<2..-. 25:0 cere eee 292 
Penalty for false oath to statement... 292 
POWETS | wccccccncccceacccnccesnaceseavcannnnnoalencpacly cues stele teen naamane = oe eet 287 
Reports; | SUMMA Mc. 2c-0csnece acetone any ee ee 292 
Same, certificate of deposit....2.....:--2-.:cccclc oes nss ee 290 
Same, filing record. -..2.2. eee 287 
Same, fund, what liable: for. ..2....csc5s.0.-2sgcc-0-cps aoe sees 291 
Same, INTETOSb coi cd ce oc wccaseenade poet caee Nast secech sacks t 3:2 2.2 ee 291 
Same, kind of securities, when excepted................0.22222.20-22202-00--- 290 
Same, substitute securities, when required......................22---2------ 291 
security, deposits: 2....5.ee eo he 290 
Specific’ powers 2.0 se ee ee eee meee 288 
Statement: 22 A232 oer oe a ee ee ee 292 
Trust Companies, how formed..........5.22..-..-...-...0:0-2.---. eee 287 
Use of terms prohibited:.2.. 2. |. Se eee 292 
ARTICLE XIX.—Building and Loan Associations: 
Advance payment of loanc.c.2.. eee eee 294 
Annual statement: renewed.....2......0 eee fet 305 
Authorized investments nae eee a ae 296 
Books) and..accounts.2i:..< csi ae ae ee ee 298 
Buy, sell or lease.real: estate... 22. ee eee 297 
Constitution and by-laws... eee 293 
Delinquents, ‘cancellation 2:40 202 eee 295. 


Department approve article of incorporation..................-.------- aioe 


—453— 


Department: direct liquidation’ =.20 2.2. ease een 302 
Department direct reorzanizaviony’ -3.0) at ee 302 
Meparvmentlreport CONGILIONS 2c. teen tee meiner oe ese 302 
Pivcends,.OW ANd.. WGC s Dail cece eect Oe eee ene 298 
HURTOIIARMO, LOO S . LOL es ear oe oe ca, encetcinseet Steere yl em eae aca 301 
Foreign association, how designated...................-...-----------++0ee-eeeeee 303 
POrere ye em CONICAL G. ior oge re ers pei erate fom ee ee ce ee. 304 
GCeneraleControripy GeDAaTtmMent cece oo ee 292 
PHSOVVCD GY a LUO LlON an ee fe oo ee ee ee ee, ee 301 
NACUveEd aStOCk, -CELUnCalesaISSUCd 2.4 mes 2 ees «25 oe ee ee 295 
peor OLIN as COCK LTS Le Ca ar ie eo ee ees 295 
Nat OeeDG WEL San ViOter. DY 4 DLOX Vise. eee ees ee ee 293 
Penal ve LOne aise, SLATCMOENUS 25 72 oe. een a ce, es ee 300 
Pee Lie O Gm VAO LA GION, o.45n585 ees ace ee ee ee ee eda 305 
Ero pant veo ret oiects FOr LAXSGIOM 2. 2 ah ile ee ee 298 
Reco ver oven and how, appointed... 3... 4 es ee, 303 
Reserve fund, how increased, reduced..................2222..2--22e-eeeeeeeee eee eee 297 
Rules and regulations made for department..................2..........--- 303 
ppeciapineeuneasOr shareholders: .c.c...2.c0 20 seec-ocenpeece sede enuegecesensnceee 302 
Statement and pee CO DOV 1 eee ee ee eee meee eee 300 
nila mit ieeegre mimes... ene 303 
DSi ieesitess anes, Interests... 1... icc. Laps ac scp ccedecncanedednnees 299 
Withdrawals, stock pledged as security... eee 293 
ARTICLE XX.—Blue Sky Law: 
CSE) UT LY CUD OTR 2 oo con. Solana Diguincvalonanenankcanataegndauvanacaeiee 309 
CTV) Fk LM a ee a Ss cab ova gwtwenucuiv anton ceatantanlnpieacce tu Meutenssudae aes 309 
Application for permit and accompanying exhibit.................... 306 
PA OO LVOuIAL UL) Caer TIC Ne 2 chee eee ey i. Se patie ae 309 
LSCeh aks CRS ig alo) ON a ers 1h Wee Ble a Oe ee te Dee OMe eta, Ree kJ Pa te riety ante 308 
Changes in article of incorporation, notice to department........ 309 
Conversion of funds to unauthorized purpose, penalty.............. SLE 
PUGPTATL Othe OL LOTT nat cae eee seers eed nas etc any sasercnc ysehe encore cee eas ee 305 
FM DIO VOTO: OLSASSIStAN CG) 2 ce fees fo pe eno suerene ey pea see 310 
Mxaimination. Dy departMent,. CX penser cco cece asec 308 
EXPENSES OL. MaAPKINS <SLOCK:- DO Wr Dal bsccse cece ccs ace ee cacee ceo ucee uae aeene 309 
FOrlis. DrEsCribeds DV. CODArlLIM OM gence tect cee 307 
MeICGH SCs COS Mere arte em re ae Se ee oR IO aie Ueda, ae Oe 307 
Non-resident sellers of stock, power of attorney........................ 309 
Grmitserecuired Ges ns nets renee eae ae ee rere a RL ees) tae te oe 306 
POLIT bo. WET FISSUCU i 2. pepe eae et ere eee eo ae cae 308 
MOTE eWiIleN:, COC ULL gat eater cg oe aoe en ee ee een ee 308 
Power of department to institute and prosecute civil actions 310 
Powersot. departinentato* subpoena ssa s nets ee 308 
Power of department, revocation of permits.............000..022222.22--..- 319 
PPS DUIC NCALINE Seago cee inchs eee See cone Sea ue Fe cee att eee sae nia ee 308 


PIRCUPICIOS GRECTIIG cr oie eceanw ne heed deere ne os ae eee ee 306 


=454= 
Unlawful to declare unearned dividends............0........22.2-.----eeceeeees 310 
Violation; penalty  cccc.ccak eect et ee 310 


ARTICLE XXI.—Fire Inspection and Prevention: 
Dangerous buildings and premises a nuisance, abatement of 312 


Failure to comply with order,’ penalty..2.2... eee 314 
Fees for reporting fires to department .._....2.._._.---2.c-.--peeeueee 315 
Fire escapes, chutes, of tobogezans ooo. k oie ae ccs-cnaeneoeeeneeeee $15 
Fire escapes, hotels and rooming NhouSes......................2---sccceeeee 317 
Fire extingnishers (22a icceceaeh eee esse coc et genes eae 318 
Halls and exits required on upper StoriesS..............-----:eccceeeeseeeeeee 318 
Investigation ‘of fires... ee 311 
Order of abatement of destruction of premises.......................... 312 
Same) 25sec a 316 
Stand pipes in rooming houses and hotels.............2..........--ccceeeee-+ 316 
Tax om insurance COMPANIES 2c eece eee 314 
Testimony taken and proved by department................00..---...--.- 312 
Violation, penalty cc .c2cacccscicchcoceccoms cece eee 318 


PUBLIC WELFARE— 
ARTICLE I.—General Powers: 
Medical affairs. oon. 2n cic conc accent denen ee ee eee 319 
SCODEC © coccciceecegenendencz-acesceaslnabuents+asucosuuelsen one siete eee ae o19* 
ARTICLE II.—Supervisory Powers Over Health: 


Division 1.—Physicians and Surgeons. 


Actions to recover for medical servicesS............2......cccssecscceseeeseees hy 44 
Doctors dividing fe@8....o-.---ccics.nentnssacusnensnsaageae-nsass eee 323 
HWxamination Of CANGiGates nn... cseecccceendeenacennwenseeceses: seet enol ee 323 
Insurance and filing of ‘certificate......042221...W7 22 eee 321 
Itinerant vendors of drugs, e€tC@..2..0. 2 eee 323 
Practice, «defined ( _..-.-.5.tc ee Shoe renestes cnseeeeneaeeeen cet 320 
Practicing without a. dicenses 25.2 nc el 323 
Removal of physician to another county_.....071. 2 eee 322 
Requirements for practice of medicine......0... eee eeeceeeeeeeeeeee 320 
Unprofessional  Comduct 2 coco roc races senenesscecnves ase ese 322 
Who may practice medicine... eee 319 


Division 2.—Osteopathy and Osteopathic Physicians. 


College of Osteopathy defined. wo... ee eeeececccccceeccecceceececeneeceeeeeee 326 
Duty. to--report; vital statistics 2.0) ee eee 326 
FOXAMINSTONGL CES rece stgenscsuvncacescrsddeeec ke eke: Len 326 


Investigation and issuance of certificate, rights conferred.... 325 
License required, application, examination, special permits.... 324 


Partial examination, fees; ete.e nS a eee 327 
Revocation: Of sens eee aac ee serrcechecae he bene 325 


Division 3.—Chiropractic 


D 


D 


D 


IMSS W eal RoE a aS DEO (clots eae le Sate G7 bse AA ca | 2 Cy SRS OE EA 300 
BACON Ore x ALOU A CLOT wr oa aera eer oo ewe ts eM neces retetton oon sa nah aens 328 
TarGeeiS get CUI CO yee seas tire ee eRe Se Dt aces ns 328 
PVGINGV alt NCeTISG (LOC e oe Fe hoes wegen antes ee Reset coe eee scatavien 330 
MIA Wet UBD LACTICE, GDOTUAILUY cin. cleans ceca ene ee eaat ted 3900 
ivision 4.—Dentists and Dental Surgery. 
BETO Ouch, wee ee ee il eee ices Oe i Sy Se ee 337 
Board of dental examiners, appointment, duties... 331 
Board of dental examiners, organization, meeting, specific 
ERTS ES OLR AM 2 Wade 8 penta ais apm oo) ee A ee Dee kr) Be ies ou 
Boekss,of board open for inspection cn nc. o case eee neces stcentecseeneees 333 
ereRE AIST CLO Se rosa c. y ee ke eee omen. ot ey be ne RAE Sit gees eae oon 
jE g di RC a Seen BS) sie es Eb in eee ae eR eee aes keer | 336 
bicense. issued: by other states 20.25 ee. eee 341 
License registered with county clerk..............22.200....-:1:.-:sccsceeeeees 334 
PACOTSO TOME CU. -WILCIY oor ah cute coh eed coe kees on ee Ga tua ee ue salons 339 
PTE Wale Ce te ES CoC Te ERS Ae 2 aos Bees Se bane As Re teh Rees EEL HL) 337 
Ee A Yiee RNI mNVN 2 ogdE ohoh wss Lee dioteee eakwape com uelaaes nit ena 331 
Removal of board members for neglect of duties........................ 33 
VERS a Co |, TORS ta IBIS ane des MarR eos ierae et td es Ape eeR nyse aon ne 34] 
Pa baah peer oh) PaTe Nia ER De AR Ay ape a ene fee a Rae War oe ee aR 339 
Same, character, qualifications or experience, evidence............ 334 
pe TAD Ar UE RED CS Ss Sc bs Satin dec dec cack Liinwanendycuce seseacamense 339 
SES Se 9 uJ COE ok Ey OP SL 302 
PSHE ER, Peles 0 AL" OA 4 Ady a oe en a ee 334 
Uniawthieospractice without license.......2.20...-2221 cL cenecaceneenene 330 
Violation, injunction, procedure, penalty..............22222..2...2-..---.0---- 340 
ivision 5.—Nurses. 
Certificate required, application, fees, qualifications.................. 342 
ivision 6.—Pharmacy. 
DNC GTS FASE RS CORTE Of oo ATA Ea py ie bias. “OC Na pe ae a OG ee a aR rE 346 
Ho Woo VOTE: BA LAY NOR RE, Che doe ey aad Neel RTS URL pie rennet oo OE ole ot 344 
WaAreOareCDTESE DLA LLOD an cecec-oororcusodnes Beaewactaconatmnciaes ene ne ie 345 
License required, application, fees, qualifications, proof, 
SEN PUN ON IGT Rebel ace Sata Saracen ae a nc nee RON MER pen tame a 343 
DEL Gee a EL) a Rep aE a ees © Ret Rs oaree 6 cctools eye ape aD nn a enn ee AP cee FCs UE 344 
Pharmacy shall have registered Pharmacist or assistant, 
PESTT EES Sopa ears ea rm Soh eine one SRE Ld LOMO er dy OE oP ET Wd eels 345 
RC eaTVE I th PERT ORIOLE UOTE oc k ooo ceca en ceed ns See ee nue h econo aeteeee bE 345 
Vendors of patent medicines and physicians exempt................ 346 


Division 7.—Optometry. 


Certificate, issuance, filing, rights conferred.........................-.----- 347 
PWeoOmMinariOnuands COTunCale 166.) cyte. rie ener tee a ee 347 
Mee ae ye. DIl st OTe ICONS Or csv atec us wees cctck er ene ceae ahah aaeteeete ean as eeeuan 348 


—456- 


License required, application, examination...........-....2.------s..-.-2--<-- 346 
Optometry defined, application of article...2....1..J.2 5 347 
Revocation of LicensSe..2.:....--2cc.-enegectenee ote eee 343 
Violation, penalty: c.oneeeaece ce ce nebeee cee eee eee 348 
Division 8.—Contagiocus Diseases. 
Common drinking cup, department may prohibit use................ 349 
Contagious diseases reported to department...........000022 349 
County board prevent contagious diseases......:.....-..---:-----cesseseseeee 348 
Department of public welfare, rules, quarantine........................ 348 
Duties of ‘department...3.22. 2 ee ar 350 
Violation, penalty \raic 5.8 cictes ee eee 350 


Division 9.—Vital Statistics. 


Additional duties of department..................... ‘ceuc Linde nde he Sue 
Birth certificate, form, contents..2.2 eee ee 350 
Certificates, how written, when complete.................00000.0.02.0.-- 351 
Child born dead, how registered... 2222) 351 
County judge report marriage license. 2223. eee 358 
Death certificate, form, contents!....... 2032 351 
Department tabulate marriage reports.............-222..-2-22---eeeeeeeee eee 354 
District, clerk report divorce......-..c.)-2 cee ee eee 354 
Department tabulate divorce reports: eee eee ee 354 
Duties of the state department of health]... 350 
LoCAal reiStLarss . nsccscede li cocdeceseweccesneke ccs os ee 350 
Local registrars, reports DY... 2.2. obs 
Maternity homes and lying-in hospitals, reports................... nee 
Registration. districts: ....02.0:5..00. 3268.2 350 
Removal permits: ..:....0504..25.0 2... 352 
Retail dealers in caskets, records, reports............22222..202222----------- 352 
SAIC no ee a ce « ease alka SE a cee aE ao ee 353 
Same, tenure of office, deputies......... accuiasestitdas Woacseee ee 350 
Violation, penalty ..4..c-:. Asn eee 350 
Division 10.—Maternity Homes. 
Advertisement,-when lawl) 2.3.23 8 su 358 
Births: reported *osoa eee, tice ee el ease enter 356 
Coroner: called) when e220 oe ngeeeewenscsee ee oe 
Disposition- or. imiants iy se aDT 
Licensee sive notice Of Meaty. -.2c.ciccesecccceece ne eecte ce es 357 
Hicense -TevOKE, yw el cone a eee cede evnces x case este e iceeee 356 
Lying-ins hospitals, records)... cee obo 
Maternity home defined. 0.2.22 ooo secesec eens ea 
Maternity home license: .c2c.ssec2icsccscece trenton tee ce aeee een ee 3D0 
Number of patients not exceed license.......4.,.........23 ee 356 
Placing infants (ity, NOMCS > 2): te oe ee ee Bw é 
Records to (be -kept-...3. ei ee ee OOT 


Violation, spenalty. .2 sae see wl egy ie oe 358 


—457— 


Division 11.—Placing Dependent and Delinquent Children. 


Pee OPTESTS Cos O8 ot ak Ua Wes) 0 laphaeie ain a Se Rn ae ROI eae Ae Ad Op aa ci ee ODO 
DepavcrvenemleOs Visit sCUIGTO Ties ee en ee ee ee 359 
Dependent and GeliINguenits CNN Are sete eee een 308 
BHeHeNUeHieCHILATeN TE6COTd 2... 3 te et ee ee ee 358 
Maoterue aepengent Children: 5 6 ticks et nee ne eect 359 
PL ORC emrOL ONS LOU LAT 1 pen ame ar i ery, Je ee eee ee eee 358 
VEEOUATLO Ws DCT) 11 CY cere soe rae see eee? ls oe ae eee eed ang 
Division 12.—Public Charities and Corrections. 
RR ere Ue Ve OT Vote. cz ee ete ae dae ye Wee Be eee ee 359 
Division 13.—Pardons and Paroles. 
Department to be informed regarding convicts........2..00...0.222.---- 360 
Department to recommend discharge ..-00..2....000....i eee te eeeee scene 362 
Meee RiWil APormB CLE NGO. css c coo. cicnccscelevalacal les ct ens teees 2a hee 360 
EPecovistolmrGm@oomvier Ol Ciscnarze@.c 6 .. 0.5 les folie oka sheceecccseconce conten’ 362 
Wiles Or foverninent. Of GEepartMent...... 2. clean ee 361 
Bey tee Wa Mem re eee cen eked tao a vtcccncccpezencuccceetes onanvoxdacenenee 363 
Division 14.—Hmbalmers and Dead Bodies: 
Oa eh es ee Oa oc ciara eve cadedecanecacenccaseavacnusderedauncesnutes 364 
By 1) ET TMI OL LC. 5. nce 2e ct enna eennncusece-ocneseousuecncusueccncpecnesanae 365 
Mer aera VCSEL 0 neck cceeceec see cetenecicees 366 
Dead?) WOUles ree nO) CEDATTMENt... enc eee enero 365 
TOS UIT ere TIE TY DOCTOR, 6. .cn-cccccccsecnnuonencengecneceedeesncecenenlan - 365 
Dyer ebay a std eh geal: 5 dk ora 0 hol: eee a 365 
POC Or sO Cr COO SC eo oon an ccpuacauucuctsancinveeponecsnenpaseeraesnascnuee 365 
License—issuance, filing, register, feeS$.-.-.... 2. 364 
License required, application and examination............000.0000...... 363 
Penalty OF a Vila ts Ole ee ere ee 364 
WCET REVS cg sea cotta aed ces Je cate 0 i 2 iy A Ae I Ie el to 366 
Division 15.—Veterinary and Medicine. 
eruiicave: ise UalCema lle: TLL im ttre reese soe coe onacvaneovosieceuead 368 
Mxaminallomeands@erinca teal Geg.ee. 2A cok ite Seek sancecs 368 
PCC Se OC Wile Ciera ee er ee aga ead ie Bi (367 
MeyvOCa Wins OLpCORASGHt Gs. 2 et ce oe  ee e  ieatncceant none: 368 
AOL OTe LOD Ciel tyre tence) wet tet ee Sef S ee bP ace 368 
Division 16.—Chiropody. 
APDlICationsin Oller sta tes—feGgi i. t5 toe rE cectee even daveves 370 
Peele Ole Dir OPO Chis ee ee = meee ee) ee te aa ae 369 
CHITODOGUTOrS OG IALIVe GCLINC CS ee atari evee tances DOS 
WIOMES LICR LCCNIO., LOC eee te atte ee ee i Me 370 
ELGG ene Att) Catena Oe ey ee Me ok ee ce eee cae 370 
OitL 


eMOCAHONnTOlLuIICONRG se mere eens ie be Se aS SNC ea see ae 


—458— 


Unlawful: practice, penalty -2..0 2.22) 2. Ae 370 
Unlawful to practice without registration......-.....220........2.s:ceeseeeee 369 


Division 17.—Venereal Diseases. 


Dangerous ‘CISC ASES | ene oe lA ceneesameene cad cocesecnepoecasssaeee bee eeen aaa 371 
Power of department to make rule$...-0022. 2.2.2.2... ee eeeneeenneececnneeee 371 
Violation’ and penalty nc. co.cc ee aatesce enna hence cede eee 371 


Division 18. 
Vested rithts 20.3 371 
DEPARTMENT OF PUBLIC WORKS— 


ARTICLE I.—General Powers: , 
Department takes place of Board of Irrigation.......................... on 


Department to be Superintendent of Instruction........................ 372 
State Engineer 2.202254 ee oie 
ARTICLE II.—State Highway: 
AAvertising®. SIS fui ccnce eeeeec epee cn ee 383 
Careless operation Motor Vehicles, penalty.............2.........-sse--e-00 383 
Certified statement to be filed... eee 389 
Close. highways to traffic for repairs...24.-0 2 eee 380 
Detours © ccc cabecelidecastcncadiesccaaabe dosh ietceecaust ena ea 380 
Deviations and changes made........{ 20 ee 378 
Emergency cash trust fund.....2-0..2.22. eee 381 
Highways established ......c. ccc sete. ncceccansocesesuesss-eencteeeees 372 
Improvements to be made by counties... ele eeeeeeeeeeeeees 378 
Payment to county fof maintenance..........1. eee 379 
Procedure when county fails to improve..............00.222..2-------0----- 379 
Project district ...2042000 fue ee 381 
Revocation, alteration and Widening........... 22... eeeeeeeeeeeeeeedenee eee 378 
Road material, how purchased, condemnation.............-----.--s-0--+- 384 
Rules and regulations made by department........0.0..0222000222---eeeee 382 
State Highway fund................. alilesy ll a Giese Rl eS er 380 
Unlawful Motor Vehicles on Highway, penalty..................00..2... 382 
ARTICLE III.—State Aid Bridges: 
Bridges, maintenance, cost and inspection ...........0....00..00..-----00- 386 
Bridge: plan. 2.2 403.05).Jdiesn eee 386 
Contracts, how. let.) elk ee 386 
Contracts, notice’ and bids... eee 385 
County board apply for aid...) oe ee eee 384 
General supervision 2.222.000 2S ee eee 384 
Physical valuation by Railway commisSion............2..2..ceccecceceeee-eeee 387 


ARTICLE IV.—Motor Vehicles: 
Application for registrations... eee 387 
Assignment: of registration..2.2) 2 we eee 391 


LOSER ETN N oe 2) OAR bai OLE COLE) 8 Rapa iain s BL FSR ER J. La pe ee Mle 390 
ELUIICALe OL CT CLISUr EA CLO Te ee a ae eae ea ee hans Set eae ea taccconse 389 
POllisiomeGQucy OL PeCrSON” CAUSING 2 cee tenes cece eae cceerce se oten dene 398 
PIGTIEIUIOO ROLE LOLS fone oie rae fokate tad eny senennaer cise cane oh teeeesteccds eebeecciatercunans 387 
PERE CD UIDI emer eee ea see Ee ire ne ee eee mae oS 899 
PTA POOU MULE COS) B10 Lie 0 CN res tenes ce eco stectee cc seeee hae ttre ee Seca sabae 399 
EEE OER w CRY Ree, JL on, ale RA a ge Sop al eal i ee elk Mh ean 396 
Minors, or intoxicated persons.) 2-...3200. Jo ee 397 
EE POU UTR TIS Ol ior re een eta eget ee ee 392 
Mm PEDELD SQUAT) 52 meres eta re can rede tat ease tee Leta eneyertnaeeee 388 
teeter LeStiir NiShGQ eo se oo ke eee ce ee eee 388 
PO Ie OUMOCR IS A UCTIOLTUIOS oo otet eset oe eee stgcetaas tance edocs son mene ee 396 
PAGAL ION OTs ICOE TINGE COB.) ericerest sees tesactechome cots crtao note iasineussetenent 400 
eR peeeE CAO Cae ee eee LOT a eee es ee acer cesaua 388 
LETS Ct 20 2 PE, SEIS ie ote a ee eRe are iat et See ome meen 387 
Regent rauion anecred DY tFANSFer oon kee escncecnnicaincessene 390 
Registration by manufacturers and dealerS...................2..ce2---0e0-+- 394 
Registration certificate for replacement.............222022222222--2ceeeeeeeeee 391 
VRE Ro ret) 58 5000p. IR AIRE ts lc a Ee elt 392 
DMT Ce Mat han 8. |) ee es 389 
Be et Waco cha sete ao eee oaeed oe -nanesicnssonataUoasatecsnonscwaubcsesaneeceuecs 397 
tO HI Wave LEG ADDFODTialiONl...............0c..c.0c-cccscensnenceoreces sure 394 
ida abmen ets CEG 0s 0s 0 Sie) RG C0), 5 rc er he 398 
RT EWE Uy Em OS MRE Og 2st co sooo co oo hoc ec cache ccove loca eonvsacncuecenacecscespen 395-396 
ORE FO) UE am eR oe co den cesuckcueideectraddecceseanciocqunsentteduceteunteose 399 


ARTICLE V.—Irrigation and Water Power: 


Division 1.—General Provisions. 


pateeeateh py Crop ofa) ff Opa Sick (oye Rae ak, eR Sinem ie) eran nnn Wmcremiee ee RC REN Soviet Aart 402 
PARLE Or CHER BIDE BEV yew tte eee eee arte cece ate cee e e on eel uae 401 
PEO ICA TION LOL WALET) COs DIPDIIG : UB Cocos decccenpctacdeoacsrcecencecappatecstcbcvania 400 
1 GON Va Tee og fed SPST Os ree PS A EES RLM le ae A IO BS pA esses ods Le 401 
ET A eof Ba rca) P41 Oe ACMA rede cd eat wipe p ie obits Hoel LC Sine ORL See Rt ee BR ene nee Si 401 
WEPISATIONS CANAL GOTO Cog teks tear pe eect caddnl nash eotebedodeeoteeneaice 401 
MAM A CLOTI SWOT Bak Cree ee ered ance Seca vcr wat none epite wadtnoeaeeaat ere EES 402 
Nov land with more: than’ one’ ditch: 2.2 tee ee 401 
PHEW CRE goenie ns nike tsthr lata Pateaatenlel tee: Meant 5. TAREE, odie le ith fn Laie aes aie Saran 403 
EE SIE fy Mecano By bee 25 RR EA ai ln A tS ee ea MRR ele $l veadesiak a at 402 
Or CREA e TIE TOT 5 eter Sere ter a eo eee eat ee ay 401 
iit eee Lay Big Pop CO 0) obi, ett ko eB SURI ple Ce Sencha dN ranlls et ec are cliananel ARR a 402 
WV ALOT eLOr irri Ma clOily MACUTAL, Wadi Cc eee oc eka te scde oped tea tmericccannss 400 
Water tolupe returned to streaie 3 ee eee 401 


Division 2.—General Powers. 


POU IUIODALE AD DE ODT ID CLO cosas te ance cccens eno, op tee eo ed dent ee a 414 
PA CIUCICA LION MOLEWaALer clin (Src os ee Sek ta 404 


—460- 


Appeal from determination of department.....................:::scceeeeeee 409 
Appropriation, water, application, allowance....................------------ 410 
Approval ‘of application 222: ee {tot cc encanta eg 41h. 
Approval, plat: OF Wa poi) l ki css ec Beker eng 412 
Certificate. of adjudication <.:/2.2_....2........2..2. 407 
Certificate of appropriation 252ii2-..ccecncob ons: leeencpee ee 412 
Dam, TOSCLVOIL scp cccawca-lececonctovcsealabonsucecbnt ode pevcdage desea const eee 414 
Department to. replaces. ciel 403 
District_ commissioner 22.0000. 203.0 ee 413 
Division superintendents —. icc sie cnnngeteoon++vansrsaet eee ee 403 
Drainage plans, approvVal...cic ce ane dae 414 
Worfeiture of “rights ...02. 20 2i.c. 200d: dec eases toca steece dello ec 404 
Headgates in measuring devices---.-.c....-....-<::icc--s-spseceee eee 413 
Measurement of water in streams........---:....) 4.5 404 
Measurement: WeiPrs © 222... 5.20. 52 sc-cnccccecsce sn dcessnnsungpeceaesueee aaa 415 
Priority and amount. of appropriation... +.) Poet 406 
Prosecution. Of GCONStrucCtion css oececeeee ese pee 407 
Refusal of applications..........:.2.42n gee 411 
Record of adjudications..................:2see ne 406 
Report of: department ...2.c2.... 22.5.1 2 ee 403 
Standard measurements 2.......-.cscccccssceeceaessncesesrseereeesteee ee 412 
State .board of irrigation, jurisdiction: ..4......0.....0eeeee 408 
SUPPACE ook vccneisiecoccncsivwestneccesiieeceondu nang tdi eeatay Eee ae ee 414 
Water districts, commissioner...........s2ccescce epee 413 


Division 3.—Construction and Operation. 


Conducting into and from natural streams....................- le 417 
Contract for use of Water. .....2..ccses Stocco te 424 
Construction through private property.............1....) see 419 
Corporations, assessments, enforcemenNt...........0222...02-.2eeeeeeeeeeeeee 424 
Debts, bonds and mortgages of corporation.......... ce 424 
Ditches, highways, duties’ of owner:........0..:.......-2.. ee 422 
Ditches, works of internal improvement..........................:ceeeeneene 415 
Embankments, return of unused wate?Y.............2220....22.-cceeeeeeeeeeeeeee 423 
Hxemption from taxation... oooocno. ccc cist cece csoce,eeeue 424 
How lease; duty. of, OWMNCY.. 0.2. ccccecocscesnsencceeuades «esate 419 
Duty of persons takin& Water. ..c..2ciccecccce0ce-o-ceecd--ees--ce- se 420 
Interfering with closed water workS.-...........-:.-<-.c-----:0.-.2ss ee 418 
Irrigation stock subscription books..-.......-.--2..::::.:0--:..05 eee 426 
Management. of ditches... 202 occ.cc.leccctecg ene occenen-eoececsse eee 418 
May change place of diversions... 0) en 417 
Mutual irrigation compamiesi ico. scice ooo oie eaenetne-----12 424 
Neglecting and preventing delivery..............:......-........=ee 422 
Overflow On roadie .ae ee ee foneenvadivnsesy-5¢-¥ la 423 
Petition, procedures ee 416 
Reservoir .2....a okie eee ee ee 421 


—461- 


Perrine OLPCIIIIVOILL & COTMAIIL pareve ccc see cee ee oe ences Sao seu Tucan 
hienirorway. tor irrigation laterals... 2 oo ae 
Righiieo.awayato federal’ -2ZOVeErnmenta <i eae ncl 
Pent toLuse running water In TAVINCS cco ade nesamennsnns 
State railway Commission fix rales -o-_.-.soonc-coscecccccececnscsncweesseenseoeee 
ILE RITCNOCHES Ole CAT AIG ce etetes eee crt eee Se ae Moa ed aad calinanctcue 
Wnitedsotatessiurmish mMdtyiduals. 22.2 see we eee 
WESGrOleStaco lands ANG? DiS WAY Be eee eect estes ee tee sbecseeeste 
Water lands tO Oe LISted Dy OMIGCOT Bik c.gssscce cee dacnsaccPesseaecu nto cbactaneren 


ARTICLE V.—WNatural Lakes: 
wopeal. trom rejection of application... 2-2/2 ca cceecceccee-peceeeens 
ROBER EVEL SLUT ELM teers cee ee eae tac co ed che ok eines once ee deed wont nee eee eee 
DE AST rere a MTT LUT FO Coe chen ot okde cna caccuradeieveedads-tenncccedeasceceo one ceeencess 
Land affected all owned by applicant...........222...e eee eeeeeeeeeeeeeeeee 
WTO TIONS DOUAILY  c.c05.-2-<-.2-c200-sen ot Ea EN eget 2) US Pe me 


GENERAL PROVISIONS— 


ARTICLE I.~Licenses: 
Be aC Tah Og NN ew a cave nnnecc-nacatuevanumrdberranwenecsonsech 


ARTICLE II.—Penal Clause: 
Oe oo oon pana ence sndncconrnennenosenecedenescendeee decerecncsece 


ARTICLE III.—Constitutionality: 
ODE IC CIO etmArt) OT) WHOLCK...22...c.-c00Jo08c5--cecsacestnsondenaccncensiines 


ARTICLE IV.—Construction: 
SUMO CHO ELS LUD BELO WOE TLOD creas oacc ca as cstemcde necked cece tpsun-cdaycienasinoredssaees 
MULICS SOL, SPECIMGAlLY { IMDPOSEG. 222.2... 5.2s ie .c once sadncecencteradecechuerednceous 
We EEE IIN ar O I OR BOIL he CLUCGT era ae ceeee aches eee tbr openvaetcn sconstes 


ARTICLE V.—Meaning of Departments: 
ECT CEM ed GUL ELE Vik cr ce eee Ea oct cet ei vacdidweecn 


ARTICLE VI.—Saving Clause: 


ARTICLE VII.—Repeals: 
PEER COC OTe Die Cees era ae eae dee Oe eee Seales age cce eee 431, 432, 


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